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2019-11-12 City Council - Full S Agenda-24809 o Agenda Edmonds City Council snl. ,nyo COUNCIL CHAMBERS 250 5TH AVE NORTH, EDMONDS, WA 98020 NOVEMBER 12, 2019, 6:00 PM COUNCIL COMMITTEE MEETINGS ARE WORK SESSIONS FOR THE CITY COUNCIL AND STAFF. THE MEETINGS ARE OPEN TO THE PUBLIC BUT ARE NOT PUBLIC HEARINGS; PUBLIC COMMENT IS NOT TAKEN AT COMMITTEE MEETINGS. THE COMMITTEES MEET CONCURRENTLY IN SEPARATE ROOMS AS INDICATED BELOW. PARKS AND PUBLIC WORKS COMMITTEE (COUNCIL CHAMBER) 1. Amendment #3 to Herrera Professional Services Agreement - Waterfront Redevelopment (10 min) 2. Walker Macy Addendum for Civic Field Design Contract (10 min) 3. Community Health Center (CHC) Pedestrian Easement (10 min) 4. Transfer of cable franchise from Frontier Communications to WAVE Broadband (10 min) 5. Presentation of a Supplemental Agreement KPG for the Citywide Pedestrian Crossing Enhancements Project (5 min) 6. Presentation of a Supplemental Agreement with WHPacific, Inc. for the 84th Ave Overlay Project (10 min) 7. Presentation of the Water Quality Stormwater Capacity grant from the Dept. of Ecology (10 min) FINANCE COMMITTEE (JURY MEETING ROOM) 1. EPFD Financial Update (10 min) 2. Utility Overpayment Refund Policy (10 min) 3. Increase of Tourism Promotion Area Lodging Fee (15 min) 4. Development Fee Schedule Update (10 min) 5. Accounts Receivable Write -Off (10 min) 6. Policy on Accounting for Leases (10 min) PLANNING, PUBLIC SAFETY, AND PERSONNEL COMMITTEE (POLICE TRAINING ROOM) 1. Ordinance Requiring Open Public Meetings Act Training for Boards and Commissions (15 min) Edmonds City Council Agenda November 12, 2019 Page 1 1.1 City Council Agenda Item Meeting Date: 11/12/2019 Amendment #3 to Herrera Professional Services Agreement - Waterfront Redevelopment Staff Lead: {Type Name of Staff Lead} Department: Parks, Recreation & Cultural Services Preparer: Shannon Burley Background/History In March 2017 Council approved a contract with Herrera Environmental Consultants to provide permit support, critical areas reporting, biological evaluation and forage fish spawn survey (contract attached); in November 2017 Council approved amendment #1 (attached) which added design support with regards to the Shoreline Substantial Development Permit; in June 2019 Council approved amendment #2 (attached) to the contract to include support for non -concurrence determination, support for SEPA appeal and testimony for the SEPA appeal. Staff Recommendation Forward to consent which would authorize the Mayor to sign the agreement. Narrative Amendment #3 (attached) - represents additional work to be completed by Herrera. Specifically, they will be conducting additional Forage Fish Surveys as required by the WDFW in our HPA permit. It was determined that the fish window can be extended due to an absence of forage fish however we will need to continue testing to ensure habitat is not disrupted. This expense will be paid for using savings we have realized on the project due to minor deductive changes. In addition the contract includes support associated with the Snohomish County easement trial (both attendance and testimony). This portion will be paid for using existing Parks and Recreation Professional Services budget. This is a scope of work change request, not a request for additional funding. Attachments: Herrera PSA 2019 Herrera Amendment No 2 to PSA dated 3-23-17 Herrera Amend #1 - #7125 Waterfront Center Amendment No. 3 to Herrera Consulting Professional Services Agreement 10.10.19 Packet Pg. 2 CITY OF EDMONDS DAVE EARLING 700 Mein Street EDMONDS. WA 90020 • 425.771.0320 , FAX 423-771-M53 MAYOR Websils: www,odmondswo.gov r�9❑ 19gil PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT, made and entered into between the City of Edmonds, hereinafter referred to as the "City", and Herrera Environmental Consultants hereinafter referred to as the "Consultant"; WHEREAS, the City desires to engage the professional services and assistance of a consulting firm to provide environmental permitting services for the Edmonds Waterfront Center project; NOW, THEREFORE, in consideration of mutual benefits accruing, it is agreed by and between the parties hereto as follows: 1. Scope of work. The scope of work shall include all services and material necessary to accomplish the above mentioned objectives in accordance with the Scope of Services that is marked as Exhibit A, attached hereto and incorporated herein by this reference. 2. Payments. The Consultant shall be paid by the City for completed work for services rendered under this Agreement as provided hereinafter. Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies, equipment and incidentals necessary to complete the work. A. Payment for work accomplished under the terms of this Agreement shall be on a time and expense basis as set forth on the Fee Schedule that is marked as Exhibit B, attached hereto and incorporated herein by this reference; provided, in no event shall the payment for work performed pursuant to this Agreement exceed the sum of SEVENTY FOUR THOUSAND THREE HUNDRED ELEVEN DOLLARS $74,311. B. All vouchers shall be submitted by the Consultant to the City for payment pursuant to the terms of this Agreement. The City shall pay the appropriate amount for each voucher to the Consultant. The Consultant may submit vouchers to the City biweekly during the progress of the work for payment of completed phases of the project. Billings shall be reviewed in conjunction with the City's warrant process. No billing shall be considered for payment that has not been submitted to the City three days prior to the scheduled cut-off date. Such late vouchers will be checked by the City and payment will be made in the next regular payment cycle. C. The costs records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the City for a period of three (3) years after final payment. Copies shall be made available upon request. Packet Pg. 3 3. Ownership and use of documents. All research, tests, surveys, preliminary data and any and all other work product prepared or gathered by the Consultant in preparation for the services rendered by the Consultant under this Agreement shall be and are the property of the Consultant, provided, however, that: A. All final reports, presentations and testimony prepared by the Consultant shall become the property of the City upon their presentation to and acceptance by the City and shall at that date become the property of the City. B. The City shall have the right, upon reasonable request, to inspect, review and copy any work product during normal office hours. Documents prepared under this agreement and in the possession of the Consultant may be subject to public records request and release under Chapter 42.56 RCW. C. In the event that the Consultant shall default on this Agreement, or in the event that this Agreement shall be terminated prior to its completion as herein provided, the work product of the Consultant, along with a summary of work done to date of default or termination, shall become the property of the City and tender of the work product and summary shall be a prerequisite to final payment under this Agreement. The summary of work done shall be prepared at no additional cost. 4. Time of performance. The term of this agreement shall be from March 17, 2017 through December 31, 2018. 5. Indemnification I Hold harmless agreement. The Consultant shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses, demands, or suits at law or equity arising from the acts, errors or omissions of the Consultant in the performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, and volunteers, the Consultant's liability, including the duty and cost to defend, hereunder shall be only to the extent of the Consultant's negligence. The Consultant shall comply with all applicable sections of the applicable Ethics laws, including RCW 42.23, which is the Code of Ethics for regulating contract interest by municipal officers. The Consultant specifically assumes potential liability for actions brought by the Consultant's own employees against the City and, solely for the purpose of this indemnification and defense, the Consultant specifically waives any immunity under the state industrial insurance law, Title 51 RCW. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 6. General and professional liability insurance. The Consultant shall obtain and keep in force during the term of this Agreement, or as otherwise required, the following insurance with companies or through sources approved by the State Insurance Commissioner pursuant to Title 48 RCW. Packet Pg. 4 Insurance Coverage A. Worker's compensation and employer's liability insurance as required by the State. B. Commercial general liability and property damage insurance in an aggregate amount not less than two million dollars ($2,000,000) for bodily injury, including death and property damage. The per occurrence amount shall be written with limits no less than one million dollars ($1,000,000). C. Vehicle liability insurance for any automobile used in an amount not less than a one million dollar ($1,000,000) combined single limit. D. Professional liability insurance in the amount of one million dollars ($1,000,000). Excepting the Worker's Compensation Insurance and Professional Liability Insurance secured by the Consultant, the City will be named on all policies as an additional insured. The Consultant shall furnish the City with verification of insurance and endorsements required by the Agreement. The City reserves the right to require complete, certified copies of all required insurance policies at any time. All insurance shall be obtained from an insurance company authorized to do business in the State of Washington. The Consultant shall submit a verification of insurance as outlined above within fourteen days of the execution of this Agreement to the City. No cancellation of the foregoing policies shall be effective without thirty days prior notice to the City. The Consultant's professional liability to the City shall be Iimited to the amount payable under this Agreement or one million dollars ($1,000,000), whichever is the greater, unless modified elsewhere in this Agreement. In no case shall the Consultant's professional liability to third parties be limited in any way. 7. Discrimination .prohibited. Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, national origin, age, sex, sexual orientation, marital status, veteran status, liability for service in the armed forces of the United States, disability, or the presence of any sensory, mental or physical handicap, or any other protected class status, unless based upon a bona fide occupational qualification. 8. Consultant is an independent contractor. The parties intend that an independent contractor relationship will be created by this Agreement. No agent, employee or representative of the Consultant shall be deemed to be an agent, employee or representative of the City for any purpose. Consultant shall be solely responsible for all acts of its agents, employees, representatives and subcontractors during the performance of this Agreement. 9. City approval of work and relationships. Notwithstanding the Consultant's status as an independent contractor, results of the work performed pursuant to this Agreement must meet the approval of the City. During pendency of this Agreement, the Consultant shall not perform work for any party with respect to any property located within the City of Edmonds or for any project subject to the administrative or quasijudicial review of the City without written notification to the City and the City's prior written consent. 10. Termination. This being an Agreement for professional services, either party may terminate this Agreement for any reason upon giving the other party written notice of such termination no fewer than ten (10) days in advance of the effective date of said termination. Packet Pg. 5 11. Integration. The Agreement between the parties shall consist of this document, the Scope of Services attached hereto as Exhibit A, and the Fee Schedule attached hereto as Exibit B. These writings constitute the entire Agreement of the parties and shall not be amended except by a writing executed by both parties. In the event of any conflict between this written Agreement and any provision of Exhibits A or B, this Agreement shall control. 12. Changes/Additional Work. The City may engage Consultant to perform services in addition to those listed in this Agreement, and Consultant will be entitled to additional compensation for authorized additional services or materials. The City shall not be liable for additional compensation until and unless any and all additional work and compensation is approved in advance in writing and signed by both parties to this Agreement. If conditions are encountered which are not anticipated in the Scope of Services, the City understands that a revision to the Scope of Services and fees may be required. Provided, however, that nothing in this paragraph shall be interpreted to obligate the Consultant to render or the City to pay for services rendered in excess of the Scope of Services in Exhibit A unless or until an amendment to this Agreement is approved in writing by both parties. 13. Standard of Care. Consultant represents that Consultant has the necessary knowledge, skill and experience to perform services required by this Agreement. Consultant and any persons employed by Consultant shall use their best efforts to perform the work in a professional manner consistent with sound practices, in accordance with the schedules herein and in accordance with the usual and customary professional care required for services of the type described in the Scope of Services. - 14. Non -waiver. Waiver by the City of any provision of this Agreement or any time Iimitation provided for in this Agreement shall not constitute a waiver of any other provision. 15. Nan -assignable. The services to be provided by the Consultant shall not be assigned or subcontracted without the express written consent of the City. I6. Covenant against contingent fees. The Consultant warrants that s/he has not employed or retained any company or person, other than a bona fide employee working solely for the Consultant, to solicit or secure this contract, and that s/he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award of making of this Agreement. For breach or violation of this warranty, the City shall have the right to annul this Agreement without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 17. Compliance with laws. The Consultant in the performance of this Agreement shall comply with all applicable Federal, State or local laws and ordinances, including regulations for licensing, certification and operation of facilities, programs and accreditation, and licensing of individuals, and any other standards or criteria as described in the Agreement to assure quality of services. The Consultant specifically agrees to pay any applicable business and occupation (B & O) taxes which may be due on account of this Agreement. Packet Pg. 6 18. Notices. Notices to the City of Edmonds shall be sent to the following address: City of Edmonds 121 Fifth Avenue North Edmonds, WA 98020 Notices to the Consultant shall be sent to the following address: Herrera Environmental Consultants 2200 Sixth Avenue Suite 1100 Seattle, WA 98121 Receipt of any notice shall be deemed effective three days after deposit of written notice in the U.S. mails, with proper postage and properly addressed. DATED THIS a7a DAY OF , 2017. i N 'ram ..1 .•'!� �,�d ; '•" ED77). Herrera Environmental Consultants CI4DAd ; •,: •''o •- ay O. Earling, Mayor , r . Its ATTEST/AUTHENTICATED: cott Passey, elty Cler AP l V ASVCO FO Office of the City Attorney Packet Pg. 7 STATE OF WASHINGTON ) )ss COUNTY OF ) On this -24 day of , 2017, before me, the undersigned, a Notary Public in and for the State off Washington, duly commissioned and sworn, personally appeared l�r D ? to me known to be the person who executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said person, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument. WITNESS my hand and official seal hereto affixed the day and year first above written. �L 4� sZ rRY NO P LIC r : u -•�- ' My missi n expires; =� �• Packet Pg. 8 Exhibit A SCOPE OF WORD EDMONDS WATERFRONT CENTER ENVIRONMENTAL PERMITTING SUPPORT SERVICES The City of Edmonds (City) is proposing to redevelop the Edmonds Senior and Community Center, to be renamed the Edmonds Waterfront Center, along with its associated parking and beach access, and to construct a walkway connector on the beach in front of the Ebb Tide condominium building within a City easement. These project elements together are part of the Edmonds Waterfront Center Project (project). On September 11, 2015, Environmental Works authorized Herrera Environmental Consultants (Herrera) to prepare an earlier version of this scope of work and attached budget to assist the City with environmental permitting of the project. Subsequently, on November 2, 2016, Herrera participated in a meeting with the project team, including representatives from the City, the Senior Center, Environmental Works, and Barker Landscape Architects to discuss project elements and schedule. Based on the pre - application meeting with the US Army Corps of Engineers (USACE) that occurred on September 11, 2015, the team meeting on November 2, 2016, and an evaluation of City of Edmonds environmental permitting requirements, the following environmental permits and approvals are anticipated for the project: Regulatory Agency Permit US Army Corps of Clean Water Act Section 404 and Rivers and Engineers (USACE) Harbors Act Section 10 -- Nationwide Permits Washington State Section 401 Water Quality Certification Department of Construction Stormwater General Permit Ecolo_q (Ecology) Washington Hydraulic Project Approval (HPA) Department of Fish and Wildlife (WDFW) City of Edmonds Shoreline Substantial Development Permit (City) Compliance Approvals • Endangered Species Act Compliance (may affect; not likely to adversely affect determination) • Magnuson -Stevens Fishery Conservation and Management Act Compliance • National Historic Preservation Act Section 106 Compliance • Coastal Zone Management Act Consistency Certification • State Environmental Policy Act (SEPA) Threshold Determination ■ SEPA Threshold Determination ■ Critical Areas Checklist and Review These environmental permits are anticipated based on the following assumptions. If the project does not continue to align with these assumptions, additional permits and approvals may be necessary, which are not included in this scope. re wurhMtn.4r.�.. Mr MR14 March 16, 2017 1 of I I Herrera Environmental Consultants Packet Pg. 9 SCOPE OF WORK ■ All project elements will be permitted together as one complete project with two phases; Phase 1 includes redevelopment of the Senior Center, the parking lot, and bulkhead removal/beach restoration; Phase 2 includes the Ebb Tide Walkway. ■ USACE will be the lead federal agency. ■ Any intertidal eelgrass beds will not be impacted by project actions ■ Proposed bulkhead/steps and stormwater outfall(s) will be located waterward of the mean higher high water (MHHW) elevation of Puget Sound. ■ No excavation will occur in native soils. ■ No excavation of hazardous materials will occur waterward of MHHW elevation. ■ Project will comply with Washington Department of Natural Resources guidelines for pile removal. ■ Excavation waterward of MHHW elevation will occur with equipment positioned on uplands. ■ Construction staging will occur landward of MHHW elevation, with the exception of the Ebb Tide Walkway, which may be constructed by barge. Project will not result in a net increase of impervious surfaces. ■ Project will comply with current Washington State Department of Ecology (Ecology) stormwater manual requirements. ■ Project will be constructed on property owned by the Edmonds Senior and Community Center and/or City of Edmonds. ■ Ebb Tide Walkway will be constructed waterward of the MHHW elevation. ■ Project will be permitted under a Section 404 Nationwide permit and will not require an Individual permit ■ The project will not require an Individual Section 401 Water Quality Certification. ■ The beach restoration element of the project will be mitigation for permanent impacts associated with the Ebb Tide Walkway construction. No off -site mitigation will be required. This scope of work does not include the following; ■ Assistance with application for other City permits (e.g., clearing and grading, right-of-way, stormwater, utilities, and building permits) and associated activities (e.g., City of Edmonds pre -application meeting and Land Use Application) ■ Permitting assistance or preparation of studies related to cultural resources or hazardous materials ■ Formal coordination with local tribes outside of the pre -application meeting included in Task 1 = Project design services = Construction support services March 16, 2017 2 of 11 Herrera Environmental Consultants Packet Pg. 10 SCOPE OF WORK Support during an appeal process for any project permits This scope of work includes a discussion of the activities, assumptions, and deliverables associated with the following tasks that Herrera will perform on the project: ■ Task 1— Permitting Plan and Coordination ■ Task 2 — Critical Areas Report and Checklist ■ Task 3 — Biological Evaluation ■ Task 4 — SEPA Environmental Checklist ■ Task 5 — USACE, Ecology, and WDFW Permit Applications ■ Task 6 — Forage Fish Spawn Surveys Task 1- Permitting Plan and Coordination Herrera will develop a permitting plan in the form of a matrix that will serve as a permitting "road map" for the project. The matrix will identify applicable required federal, state, and City permits/approvals required for the project. For each permit/approval identified, the plan will identify the regulatory agency and contact information; jurisdiction/trigger, submittal information and required supporting materials; permit review timelines; fees; and comments specific to project elements. In addition, this task will entail assessing applicability of streamlined permitting mechanisms, potential mitigation requirements, and related support for navigating the permitting process. Herrera will coordinate with USACE, WDFW, the Tulalip Tribe, and the City's Development Services Department as necessary to develop the permitting plan. Herrera will prepare for and participate in meetings with the project team to discuss project plans, design development, schedule, necessary permits, and permit submittal requirements. Herrera will prepare for and participate in a pre -application meeting with representatives from USACE, WDFW, the Tulalip Tribe, and the project team to discuss the permitting plan, permit submittal requirements and schedule, and proposed mitigation strategy. Herrera will coordinate with the project team to prepare coordination/support materials for the pre -application meeting, including drawings, evaluation documents, calculations, or other materials, as requested by the City project manager. Meeting notes will be prepared following all meetings. During project design, Herrera will provide input relative to permitting feasibility and complexity; recommend best management practices and avoidance and minimization measures; and provide specifications specific to forage fish survey requirements and contractor timeframes and notifications. March 16, 2017 3 of 11 Herrera Environmental Consultants Packet Pg. 11 SCOPE OF WORK Assumptions ■ Herrera will prepare a draft permit matrix for review and comment by the project team and will respond to one consolidated set of comments and finalize the permit matrix. Evaluation under the National Environmental Policy Act (NEPA) will not be triggered. a The project will be evaluated under the City's proposed Shoreline Master Plan update and Critical Areas Ordinance update. • The project will be evaluated using the proposed updates to the USACE Seattle District's 2017 Nationwide permits (Special Public Notice dated June 20, 2016, as revised). ■ Herrera will prepare for and participate in up to five (5) one -hour conference calls with the project team and provide meeting notes after each meeting. ■ Herrera will make all necessary arrangements for the on -site pre - application meeting with USACE, WDFW, Tulalip Tribes, and project team members. Herrera will prepare a meeting agenda, and other members of the project team will provide design drawings and calculations, as relevant to support the discussion in this meeting. * The pre -application meeting is assumed to be up to 2 hours in length and will be held at the project site; travel time to the meeting is assumed to be 30 minutes each way from Herrera's offices. The pre -application meeting will be attended by two Herrera team members. Deliverables ■ Draft Permit Plan ■ Final Permit Plan ■ Pre -Application Meeting agenda and notes Task 2 —Critical Areas Report and Checklist The project site is located along the Puget Sound nearshore environment (intertidal and shore zones) which is defined by the City as a fish and wildlife habitat conservation area (FWHCA) and regulated by the City as a critical area. In accordance with Edmonds Community Development Code (ECDC) Chapter 23.90, Herrera will prepare a Critical Areas Report and Checklist that characterizes this FWHCA within 200 feet of the project limits. The Critical Areas Report and Checklist will support federal, state, and City permit applications. The report will include a habitat assessment, evaluate project impacts, and identify mitigation measures. The habitat assessment will identify documented presence of federally- and state -designated endangered, threatened, and sensitive species; and species of local importance that have a primary association with the FWHCA (e.g., fish, marine birds, and marine mammals). In addition, the habitat assessment will identify and March 16, 2017 4 of l t Herrera Environmental Consultants Packet Pg. 12 SCOPE OF WORK characterize state priority habitats, habitats of local importance, forage fish spawning areas, and waters of the state. Herrera biologists will conduct a reconnaissance site visit to assess existing habitat conditions and ecological functions provided at the project site. The assessment will also present how the project supports WDFW management recommendations for identified priority habitats and species. During the site visit, Herrera biologists will delineate the ordinary high water mark (OHWM) on the beach between the southwest end of the Ebb Tide bulkhead and the northeast end of the creosote bulkhead. The OHWM will be determined using the definition set forth in WAC 173-22- 030(11) and methodology published by the Washington State Department of Ecology (Olson and Stockdale 2008, 08-06-001; Anderson et al., 16-06-029). This OHWM will be hereafter called the SMA (Shoreline Management Act) OHWM to distinguish it from the Corps OHWM already established by existing survey. This delineation will involve using sequentially numbered flags to identify the OHWM as evidenced by abrupt changes in topography, dominance of perennial vegetation, sediment deposits, drift lines, and signs of scouring. In high energy marine systems, where the action of waves is sufficient to prevent vegetation establishment below mean higher high tide, the OHWM is coincident with the line of vegetation. Where there is no vegetative cover for less than one hundred feet parallel to the shoreline, the OHWM is the average tidal elevation of the adjacent lines of vegetation. Where the OHWM cannot be found with this methodology, the OHWM is the elevation of the mean higher high tide. Herrera will record the OHWM location using a handheld GPS unit with sub -meter accuracy. Assumptions ■ In support of identifying fish and wildlife species and habitats, Herrera will request data from the WDFW Priority Habitats and Species (PHS) database. ■ Two Herrera biologists will conduct a site visit in one 8-hour day, including travel. ■ The OHWM survey will occur during low tide. ■ Herrera biologists will survey for the presence of eelgrass on exposed beach areas during low tide. Herrera will not conduct dive surveys for eelgrass. * The City will provide access to the Ebb Tide property. ■ Herrera will not conduct a forage fish spawn survey as part of this task. ■ The Ebb Tide Walkway element of the project will result in permanent impacts to the FWHCA; however, the beach restoration associated with bulkhead removal will mitigate for these permanent impacts. The Critical Areas Report will characterize habitat impacts associated with the walkway and describe how beach restoration will mitigate these impacts. March 16, 2017 5 of 11 Herrera Environmental Consultants Packet Pg. 13 SCOPE OF WORK • Additional mitigation measures will include best management practices during design and construction intended to minimize impacts on the FWHCA. ■ The City or others will submit the Critical Areas Report and Checklist with City permit applications to the Planning Division. • This task includes follow-up coordination with the City Planning Division to discuss review comments; if the Planning Division requests revisions to the Critical Areas Report, Herrera will make one round of revisions. ■ There is no indication that the project site and adjacent areas contain the following critical areas and therefore, they will not be addressed in the Critical Areas Report: Wetlands, Streams, and Critical Aquifer Recharge Areas. ■ Frequently Flooded Areas (i.e.,100-year floodplain) will be addressed based upon existing project documentation prepared by Herrera . ■ If the Shoreline Substantial Development Permit (the application for which is to be prepared by others) is appealed, support during the appeals process is not covered by this scope of work. Deliverables An electronic copy (Adobe Acrobat and Microsoft Word file formats) of the Draft Critical Areas Report An electronic copy (Adobe Acrobat and Microsoft Word file formats) of the Final Critical Areas Report An electronic copy (Adobe Acrobat file format) of the Critical Areas Checklist Task 3 -- Biological Evaluation Herrera will prepare a Biological Evaluation (BE) in support of Endangered Species Act (ESA) and Magnuson -Stevens Fishery Conservation and Management Act (MFCMA) compliance. Based on a preliminary evaluation of the project site, the project will affect listed threatened species (e.g., Chinook salmon) and designated critical habitat regulated under the ESA; and essential fish habitat regulated under MFCMA, The BE will be based on site reconnaissance conducted as part of Task 2, available published documentation, and contacts with resource agency staff. Assumptions ■ Based on the need for a federal permit, the USACE will be the lead agency responsible for ESA and MFCMA compliance. • The project will result in a "may affect, not likely to adversely affect" determination. ■ The project engineer/architect will provide Herrera with project plans and information including clearing, grading, civil design, temporary erosion and sediment control measures, stormwater - .1w.fn..rrcs4.arr 1— f l0914 March 16, 2017 b of 11 Herrera Environmental Consultants Packet Pg. 14 DeUverobtes SCOPE OF WORK management features, construction limits, building footprints, anticipated construction equipment, pile driving specifications, work area isolation measures, and construction sequencing. The BE will be submitted to USACE with the Clean Water Act Section 404 permit application (DARPA; to be prepared under Task 5). This task includes follow-up coordination with USACE to address comments on the BE. If USACE requests revisions to the BE, Herrera will make one round of revisions. An electronic copy (Adobe Acrobat and Microsoft Word file formats) of the Draft BE An electronic copy (Adobe Acrobat and Microsoft Word file formats) of the Final BE Task 4 — SEPA Environmental Checklist In support of State Environmental Policy Act (SEPA) compliance, Herrera will prepare a City of Edmonds Environmental Checklist form. The checklist will include project information on background and environmental elements (earth, air, water, plants, animals, energy and natural resources, environmental health, land and shoreline use, housing, aesthetics, light and glare, recreation, historic and cultural preservation, transportation, public services, and utilities). Assumptions ■ The project will not have any significant impacts on environmental elements requiring preparation of an Environmental Impact Statement (EIS); should an EIS become necessary, a scope and budget amendment will be needed. ■ Completion of the Environmental Checklist will rely on information contained in existing survey data, plans, and reports prepared for the project by others (e.g., survey basemap, temporary erosion and sedimentation control plan, traffic control plan, storm water pollution prevention plan, etc.). Information collected as part of Tasks 2 and 3 will be used to answer questions related to water, plants, and animals elements. Geotechnical analysis and documentation prepared by others for the project will be used to answer questions related to the earth element. ■ Information provided by the City will be used to answer questions related to the historic and cultural preservation element. • The City will sign the Environmental Checklist and route it to the Planning Division for review. - ..fte-sa,u- h" !laid March 16, 2017 7 of 11 Herrera Environmental Consultants Packet Pg. 15 SCOPE OF WORK Herrera will address one round of consolidated City comments on a complete draft of the Environmental Checklist and produce a final version reflecting edits to address those comments. ■ This task does not include support for the appeals process should the SEPA decision by the City be appealed. Deliverables An electronic copy (Adobe Acrobat and Microsoft Word file formats) of the Draft Environmental Checklist An electronic copy (Adobe Acrobat and Microsoft Word file formats) of the Final Environmental Checklist Task 5 — USACE, Ecology, and WDFW Permit Applications Herrera will prepare a Joint Aquatic Resources Permit Application (DARPA) form and supporting figures in support of obtaining coverage under Nationwide permits from USACE. Herrera will prepare the application form including information pertaining to the applicant, property owners, project location, project description, marine waters, and necessary permits. Herrera will prepare DARPA figures according to USACE formatting guidelines including a vicinity map, property ownership information, plan view, and representative cross-section(s). The JARPA figures will identify all work proposed in marine water located waterward of mean higher high water (MHHW) elevation including quantities of excavation and fill. In support of obtaining coverage under Nationwide permits from USACE, Herrera will complete the form for certification of consistency with the Washington State Coastal Zone Management Program (i.e., CZMA consistency form). Prior to construction, Herrera will prepare a Notice of Intent for submittal to the Washington State Department of Ecology (Ecology) in support of coverage under their NPDES Construction Stormwater General Permit. As part of this effort, Herrera will arrange to have the project advertised in a local newspaper. Based on information provided in the DARPA, Herrera will complete an application for a Hydraulic Project Approval (HPA) from WDFW. Herrera will complete this application online using WDFW's Aquatic Protection Permitting System (APPS). Assumptions ■ The project will be subject to the USACE Seattle District's 2017 Nationwide permit conditions (effective March 19, 2017). ■ The project will qualify for a Nationwide Section 404 permit and will not require an Individual Section 404 permit, should an Individual permit become necessary, a scope and budget amendment will be needed. March 16, 2017 8 of 11 Herrera Environmental Consultants Packet Pg. 16 SCOPE OF WORK ■ Herrera will address one round of City review comments on the draft JARPA to create a final version for submittal to the USACE. (and for use as basis for the WDFW HPA permit online application) ■ The CZMA consistency form and online HPA permit application will not be subject to City review comments. ■ Herrera will utilize publically available information from the City and WDFW about the location and size of documented forage fish spawning areas within one mile of the project site, which will be incorporated into the DARPA per proposed regional general condition 10 (USACE Special Public Notice, June 20, 2016). ■ All JARPA figures will be prepared by others and included in the submittal. ■ Names and addresses of the property owners adjacent to the project, and their direct neighbors will be shown on a JARPA figure. ■ Herrera will be the authorized agent and will submit the JARPA and CZMA consistency form to USACE with supporting materials including the BE and Critical Areas Report prepared in earlier tasks. ■ Herrera will attend a pre -application meeting with USACE and WDFW in support of the JARPA and HPA review (included in Task 1). ■ The City will provide documentation of the SEPA threshold determination prior to finalizing submittal of the HPA application. ■ Herrera will pay the $150 HPA permit application fee. ■ A Stormwater Pollution Prevention Plan (SWPPP), which is a requirement of the NPDES Construction Stormwater General Permit, will not be prepared under this task (Note: SWPPP not required for submittal with Notice of Intent). Deliverables ■ An electronic copy (Adobe Acrobat and Microsoft Word file formats) of the Draft JARPA ■ An electronic copy (Adobe Acrobat and Microsoft Word file formats) of the Final JARPA • An electronic copy (Adobe Acrobat and Microsoft Word file formats) of the Final CZMA consistency form ■ An electronic copy (Adobe Acrobat file format) of the Final HPA application form ■ An electronic copy (Adobe Acrobat file format) of the Notice of Intent form Task 6 — Forage Fish Spawn Survey The project is located within areas mapped by the City and WDFW as known forage fish spawning habitat. Forage fish in the project area include surf smelt (Hypomesus pretiosus) and Pacific sand lance (Ammodyfes hexapterus), which are important food for marine mammals, birds, and fish. Due to the lengthy spawning period of forage fish in ct rele.A.wu.er nor Mr 110916 March 16, 2017 9 of I I Herrera Environmental Consultants Packet Pg. 17 SCOPE OF WORK this portion of Puget Sound, any work waterward of the OHWM requires confirmation of the lack of spawn prior to initiating construction activities. Herrera will perform a forage fish spawn survey along two 100-foot transects where project impacts are proposed: the bulkhead and Ebb Tide Walkway. These transects will address those impacted areas separately, such that if one element of the project is abandoned or delayed, only one transect may be necessary. Herrera will conduct the surveys two days prior to construction to determine the presence/absence of forage fish spawn within the project work area and adjacent to the project area. Construction work waterward of the OHWM must begin within 48 hours of presence/absence notification to WDFW and must be completed within seven days. If the work cannot be completed within seven days, a subsequent survey must be performed to confirm lack of spawn within and adjacent to the work area. If forage fish spawn are determined to be present adjacent to the work area, Herrera will flag a 20-foot buffer around the location spawn are found and construction may continue outside of that buffer. If spawn are located within the project work area, construction must be delayed for a minimum of one week and subsequent surveys conducted weekly until spawn are determined to be absent from the work area. Assumptions Forage fish surveys will be a requirement of the HPA permit issued for the project; therefore, a project specific Scientific Collectors Permit will not be required. ■ Construction activities at each project area requiring surveys (bulkhead and Ebb Tide Walkway) will occur at separate times; therefore, Herrera will conduct two surveys in total: one at the bulkhead and one at the Ebb Tide Walkway. ■ The construction Contractor will provide Herrera a minimum of five business days advanced notice for commencement of mobilization for construction activities that will occur below OHWM. ■ Forage fish spawn will be determined to be absent within the project construction limits at both survey locations (if both locations are to be disturbed). ■ Areas adjacent to the project construction areas will not be surveyed. ■ Surveys will be performed two days prior to initiation of construction activities, ■ Surveys will be performed at the lowest feasible tide. ■ Surveys will be conducted by a Herrera biologist trained by WDFW. ■ Surveys will be conducted by one biologist in one 12-hour day, which includes travel to and from the site, data collection, analysis, and reporting findings. ■ The City will obtain right of entry to any areas of the beach waterward of project impacts that are not publically accessible. m rw.sb.uo-.d...w .Wr JIM. March 16, 2017 10 of f 1 Herrera Environmental Consultants Packet Pg. 18 Deliverables SCOPE OF WORK Herrera will submit completed data sheets to WDFW within 72 hours of completing the survey. Construction waterward of the OHWM will be completed within seven days of the survey. If the construction duration is longer, additional surveys will be required every seven days until cessation of activity below the OHWM. Such additional surveys are not included in the budget for this task and will require a contract amendment This scope of work does not include monitoring construction to avoid impacts to spawn, if found adjacent to the construction area. If spawn is found during construction, additional surveys will be required and those will ultimately require a contract amendment. An electronic copy (Adobe Acrobat and Microsoft Word file formats) of forage fish survey data sheets submitted to WDFW An e-mail of survey results to the project team h liOVfb March 16, 2017 11 of 11 Herrera Environmental Consultants Packet Pg. 19 � �y CJ '�p1 f M S .M. I. A p j f � U IM V r M M I� c M i`J [N+ �r^ry— dGi MNQ � N NM N N 1r YI M M x aasaaaa1Aa oass � y r � M O N 0 0 0 0 0 0 N C P- c c ti 7 a W Oasis'^ NM N M M 0 0 0 0.S N O f4in x �R51 T,45&6t^BSifpR N 9 888s 2s at Y N W Q 1l1m 0I(7 0O0 KONC] lf7 Iff !!�ti n 67 <> 7 Qp�Ba �66i 6iRRst (mpi Sm y M � is a 1 U 888888 p8 a Ms� M N N� i N 00da 0 � 0 La O N [� � ,b ,a 4 � � }� 6 N LY u}}(�rym RO ��4MA l7i 'rl 5d U BO B gig 8 BQ8 N E •� ^ N N MN N NN ^N M M g" S�Sasa as 3a U N 4 M -gas N m 0 0 0 0 0 0 fY m _ jO > 4 Y > 81 U,\� U lz ryryryry��0m vmry�� O N N N N N N N M M N _■ C Y. T. �t a a CL N e& e� c � � �� s COL »22r=-=,s= • c. •= " �.� �.� 2.21 .ID u E y M LU (n U) cn e ; 9 b w P m o fm m o n �� O m $ n } a z = e e V _ E w y I!j r C i 7g• �;w O oQc� ¢ a a9m 4 FAen = _-I v�i a O'S � o� r w V V 1 a a a a a a a- A Packet Pg. 20 Q (>�i Dave Earling City of Edmonds Mayor 700 MAIN STREET • EDMONDS, WA 98020.425-771-0230 PARKS, RECREATION AND CULTURAL SERVICES DEPARTMENT AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT FOR ENVIRONMENTAL PERMITTING CONSULTING SERVICES FOR THE EDMONDS WATERFRONT CENTER PROJECT Dated March 23, 2017 WHEREAS, the City of Edmonds, Washington (the "City") and Herrera Environmental Consultants (the "Consultant"), entered into an underlying professional services agreement for the provision of environmental permitting consulting services for the Edmonds Waterfront Center Project ("Project"), dated March 23, 2017 ("Underlying Agreement"); and WHEREAS, Section 12 of the Underlying Agreement provides that the City may engage the Consultant to perform additional services when an amendment to the Underlying Agreement is approved in writing by both parties; and WHEREAS, the Underlying Agreement incorporates a Scope of Services for the Project consultation work; and WHEREAS, the parties executed Amendment No. 1 to the Underlying Agreement, dated November 30, 2017, to extend the scope of services to be performed and increase the budget to cover the additional consultation work; and WHEREAS, the parties desire to further amend the Underlying Agreement to incorporate a further extension of the scope of services to be performed, as well as an increase in the budget to cover this additional consultation work; NOW, THEREFORE, in consideration of the mutual benefits accruing, it is agreed by and between the parties to the Underlying Agreement as follows: 1. The provisions of the Underlying Agreement of March 23, 2017 between the City and the Consultant for Project consultation services, as amended by Amendment No. 1, dated November 30, 2017, both of which are attached hereto as Attachment A and incorporated herein by this reference as if fully set forth, is amended in, but only in, the following respects: A. Section 1 ("Scope of work") — The Scope of Services attached hereto as Exhibit A is in addition to and shall supplement the Scope of Services set forth in Packet Pg. 21 Amendment No. 2 to Professional Services Agreement, Page 2 Exhibit A of the Underlying Agreement and referenced in Section 1 ("Scope of Work"), as amended by Amendment No. 1. B. Section 2 ("Payments") — In order to increase the not to exceed amount of the Underlying Agreement by Eight Thousand Seventy -Eight Dollars ($8,078.00) to cover the additional consultation work, Subsection A of Section 2 shall be amended to read as follows: A. Payment for work accomplished under the terms of this Agreement shall be on a time and expense basis as set forth on the Fee Schedule that is marked as Exhibit B, attached hereto and incorporated herein by this reference; provided, in no event shall the payment for work performed pursuant to this Agreement exceed the sum of EIGHTY-EIGHT THOUSAND EIGHT HUNDRED ELEVEN DOLLARS $88,811.00. 2. In all other respects, the Underlying Agreement, as amended by Amendment No. 1, shall remain in full force and effect, amended as set forth herein, but only as set forth herein. DATED this 0 day of J0Nt , 2019. HERRERA ENVIRONMENTAL CONSULTANTS By: Its: APPROVED AS TO FORM: f � office of the City Attorney Executive Vice President Packet Pg. 22 SCOPE OF WORK EDMONDS WATERFRONT CENTER ENVIRONMENTAL PERMITTING SUPPORT SERVICES Amendment 2 The City of Edmonds (City) is proposing to redevelop the Edmonds Senior and Community Center (Senior Center), along with its associated parking lot and bulkhead removal/beach access. The City is also proposing to construct a walkway connector on the beach in front of the Ebb Tide condominium building within a City easement, called the Ebb Tide Walkway. Together these projects are to be called the Edmonds Waterfront Center Project (project}. On March 23, 2017, the City contracted with Herrera to support the environmental permitting process for the project. The original scope of work was limited to in -water permitting support, a critical areas report and a forage fish survey. The City now anticipates that it will need additional support services from Herrera and has outlined the additional tasks in this amendment. Task 9 — Support Associated with NMFS Non -Concurrence Determination — Herrera will provide technical assistance to the City to contract and permit the Edmonds Waterfront Center project considering the non -concurrence determination made by the National Marine Fisheries Service. This support was not covered in the original scope of work, which assumed concurrence from the federal permitting agencies. It includes communication with the consultant project team, the City and the Senior Center regarding the implications to this determination. Cost not to exceed $4,000. Task 10 — Support Associated with SEPA Appeal — Herrera will provide a representative to attend all or part of the SEPA appeal hearing held at Edmonds City Hall, depending on the City's direction. This task also includes meeting and coordination with the City, its representatives, the design team and the Edmonds Senior Center regarding various aspects of the appeal. Cost not to exceed $4,000. Task 11 — Testimony Associated with SEPA Appeal — Herrera will provide testimony at the SEPA appeal hearing held at Edmonds City Hall. Herrera will charge 1.5 times its normal rate for all time providing testimony under oath. Cost not to exceed $1,500. Packet Pg. 23 Of EL410. City of Edmonds Dave Earling —0- y Mayor 700 MAIN STREET • EDMONDS, WA 99020. 425-771.0230 PARKS, RECREATION AND CULTURAL SERVICES DEPARTMENT AMC. �SqC AMENDMENT NO.1 TO PROFESSIONAL SERVICES AGREEMENT FOR ENVIRONMENTAL PERMITTING CONSULTING SERVICES FOR THE EDMONDS WATERFRONT CENTER PROJECT Dated November 21, 2017 WHEREAS, the City of Edmonds, Washington (the "City") and Herrera Environmental Consultants (the "Consultant"), entered into an underlying professional services agreement for the provision of environmental permitting consulting services for the Edmonds Waterfront Center Project ("Project"), dated March 23, 2017 ("Underlying Agreement"); and WHEREAS, Section 12 of the Underlying Agreement provides that the City may engage the Consultant to perform additional services when an amendment to the Underlying Agreement is approved in writing by both parties; and WHEREAS, the Underlying Agreement incorporates a Scope of Services for the Project consultation work; and WHEREAS, the parties desire to amend the Underlying Agreement to incorporate an extension of the scope of services to be performed, as well as an increase in the budget to cover the additional consultation work; NOW, THEREFORE, in consideration of the mutual benefits accruing, it is agreed by and between the parties to the Underlying Agreement as follows: 1. The provisions of the Underlying Agreement of March 23, 2017 between the City and the Consultant for Project consultation services, attached hereto as Attachment A and incorporated herein by this reference as if fully set forth, is amended in, but only in, the following respects: A. Section 1 ("Scope of work") — The Scope of Services attached hereto as Exhibit A is in addition to and shall supplement the Scope of Services set forth in Exhibit A of the Underlying Agreement and referenced in Section 1 ("Scope of Work"). 9O/V- /a Packet Pg. 24 Amendment No. 1 to Professional Services Agreement, Page 2 B. Section 2 ("Payments") - The Fee Schedule attached hereto as Exhibit B is in addition to and shall supplement the Fee Schedule set forth in Exhibit B of the Underlying Agreement and referenced in Section 2 ("Payments"). Subsection A of Section 2 shall be amended to read as follows: A. Payment for work accomplished under the terms of this Agreement shall be on a time and expense basis as set forth on the Fee Schedule that is marked as Exhibit B, attached hereto and incorporated herein by this reference; provided, in no event shall the payment for work performed pursuant to this Agreement exceed the sum of SEVENTY-NINE THOUSAND THREE HUNDRED ELEVEN DOLLARS $79,311.00. 2. In all other respects, the Underlying Agreement shall remain in full force and effect, amended as set forth herein, but only as set forth herein. DATED this 30 day of 7?vY-,ML�j,- , 2017. F EDMONDS HERRERA ENVIRONMENTAL CONSULTANTS vid O. Earling, Mayor By:� ATTEST/AUTHENTICATED: Sca assey, City Clerk APPR D AS TO FORM: Office of the City Attorney Packet Pg. 25 Amendment No. 1 to Professional Services Agreement, Page 3 STATE OF WASHINGTON) )ss COUNTY OF } On this �-( day of L U 4'N3j }24Ir , 2017, before me, the under -signed, a Notary Public in and for the S to of W�Shington, duly commissioned and sworn, personally appeared O 1 / , and executed the foregoing instrument, and acknowledged the said instrument to be his/her free and voluntary act and for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument. WITNESS my hand and official seal hereto affixed the day and year first above written. A11A 'i NOTA Y p C I R My commission expires.. Packet Pg. 26 ^ Amendment No. I to Professional Services Agreement, Page 4 EXHIBIT A Scope of Work Packet Pg. 27 SCOPE OF WORK EDMONDS WATERFRONT CENTER ENVIRONMENTAL PERMITTING SUPPORT SERVICES Amendment 1 The City of Edmonds (City) is proposing to redevelop the Edmonds Senior and Community Center (Senior Center), along with its associated parking lot and bulkhead removal/beach access. The City is also proposing to construct a walkway connector on the beach in front of the Ebb Tide condominium building within a City easement, called the Ebb Tide Walkway. Together these projects are to be called the Edmonds Waterfront Center Project (project), On March 23, 2017, the City contracted with Herrera to support the environmental permitting process for the project. The original scope of work was limited to in -water permitting support, a critical areas report, and a forage fish survey. Also, at that time, it was assumed that the project would go into construction in the summer of 2018. Due to coordination between the many parties with a stake in the project and numerous external factors relating to that coordination, the schedule for completion of the project has pushed construction into 2019. Finally, the City has had a Freedom of Information Act (FOIA) request made to it, which requires the production of certain amount of documentation related to past activities on the project, stretching back into 2015. Task 8 — Contingency Support Task Herrera will support the design team with regards to its Shoreline Substantial Development Permit, particularly as it relates to ecological impacts of proposed actions. Also included in this task will be extended project management needed for the lengthened schedule and intermittent electronic requests for past documentation as it relates to this project. Assumptions ■ Herrera will attend up to six one -hour meetings with design team and City staff. ■ Up to three of the meetings can occur on site or at Edmonds City Hall. No new documents, aside from meeting minutes, will be prepared as part of this task. Deliverables ■ Meeting minutes prepared where requested. ■ Invoices and progress reports through construction. ■ Information regarding past interactions of Herrera with the City and the Senior Center about the project. November 21, 2017 1 of I Herrera Environmental Consultants Packet Pg. 28 Amendment No. 1 to Pro essionat Services Agreement, Page S EXHIBIT B Fee Schedule Q Packet Pg. 29 Edmonds Waterfront Center Amendment 1 (17-06494-OW) Task 8 Number of Tasks: 1 Contingency Suppoit COST SUMMARY Labor $4,829 Escalation factor on labor a(`? 3% 396' $145 Travel and per them $26 Other direct costs (ODCs) $0 Subconsullants $0 Analytical laboratory $0 GRAND TOTAL $5 000 COST ITEMIZATION Labor (2017 rates aith3'/, escalation) personnel RateiHour Hours Cost Carrasquero, Jose Vice President $231.15 3 $693 Parsons, Jeffrey EnginserV $195.80 12 $2,350 Petro, Shelby Sclentlstlll $122.80 12 $1,474 Saavedra, Robin Accounting Administrator III $104.13 3 $312 SUBTOTAL LABOR Burdened Labor) 30 $4 TRAVEL AND PER DIEM COSTS Unit Cost Units Cost Auto Use Mile $57,535 48 $25.60 SUBTOTAL TRAVEL AND PER DIEM L $28 Q Packet Pg. 30 City of Edmonds Dave Earling Mayor 700 MAIN STREET • EDMONDS, WA 98020 •425-771-0230 PARKS, RECREATION AND CULTURAL SERVICES DEPARTMENT Isgo AMENDMENT NO.3 TO PROFESSIONAL SERVICES AGREEMENT FOR ENVIRONMENTAL PERMITTING CONSULTING SERVICES FOR THE EDMONDS WATERFRONT CENTER PROJECT Dated March 23, 2017 WHEREAS, the City of Edmonds, Washington (the "City") and Herrera Environmental Consultants (the "Consultant"), entered into an underlying professional services agreement for the provision of environmental permitting consulting services for the Edmonds Waterfront Center Project ("Project"), dated March 23, 2017 ("Underlying Agreement"); and WHEREAS, Section 12 of the Underlying Agreement provides that the City may engage the Consultant to perform additional services when an amendment to the Underlying Agreement is approved in writing by both parties; and WHEREAS, the Underlying Agreement incorporates a Scope of Services for the Project consultation work; and WHEREAS, the parties executed Amendment No. 1 to the Underlying Agreement, dated November 30, 2017, to extend the scope of services to be performed and increase the budget to cover the additional consultation work; and WHEREAS, the parties executed Amendment No. 2 to the Underlying Agreement, dated June 5, 2019, to further extend the scope of services to be performed and increase the budget to cover the additional consultation work; and WHEREAS, the parties desire to further amend the Underlying Agreement to incorporate an additional extension of the scope of services to be performed, as well as an increase in the budget to cover this additional consultation work; NOW, THEREFORE, in consideration of the mutual benefits accruing, it is agreed by and between the parties to the Underlying Agreement as follows: 1. The provisions of the Underlying Agreement of March 23, 2017 between the City and the Consultant for Project consultation services, as amended by Amendment No. 1, dated November 30, 2017, and Amendment No. 2, dated June 5, 2019, all of which are attached hereto Packet Pg. 31 Amendment No. 3 to Professional Services Agreement, Page 2 as Attachment A and incorporated herein by this reference as if fully set forth, is amended in, but only in, the following respects: A. Section 1 ("Scope of work") — The Scope of Work attached hereto as Exhibit A is in addition to and shall supplement the Scope of Services set forth in Exhibit A of the Underlying Agreement and referenced in Section 1 ("Scope of Work"), as amended by Amendments No. 1 and No. 2. B. Section 2 ("Payments") — In order to increase the not to exceed amount of the Underlying Agreement by Fifteen Thousand Five Hundred Dollars ($15,500.00) to cover the additional consultation work, Subsection A of Section 2 shall be amended to read as follows: A. Payment for work accomplished under the terms of this Agreement shall be on a time and expense basis as set forth on the Fee Schedule that is marked as Exhibit B, attached hereto and incorporated herein by this reference; provided, in no event shall the payment for work performed pursuant to this Agreement exceed the sum of ONE HUNDRED AND FOUR THOUSAND THREE HUNDRED ELEVEN DOLLARS $104,311.00. 2. In all other respects, the Underlying Agreement, as amended by Amendments No. 1 and No. 2, shall remain in full force and effect, amended as set forth herein, but only as set forth herein. DATED this day of , 2019. CITY OF EDMONDS HERRERA ENVIRONMENTAL CONSULTANTS David O. Earling, Mayor By: Its: ATTEST/AUTHENTICATED: Scott Passey, City Clerk APPROVED AS TO FORM: Office of the City Attorney Packet Pg. 32 Amendment No. 3 to Professional Services Agreement, Page 3 STATE OF WASHINGTON) )ss COUNTY OF ) On this day of , 2019, before me, the under -signed, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared , and executed the foregoing instrument, and acknowledged the said instrument to be his/her free and voluntary act and for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument. WITNESS my hand and official seal hereto affixed the day and year first above written. NOTARY PUBLIC My commission expires: Packet Pg. 33 Amendment No. 3 to Professional Services Agreement, Page 4 EXHIBIT A SCOPE OF WORK The City of Edmonds (City) is proposing to redevelop the Edmonds Senior and Community Center (Senior Center), along with its associated parking lot and bulkhead removal/beach access. The City is also proposing to construct a walkway connector on the beach in front of the Ebb Tide condominium building within a City easement, called the Ebb Tide Walkway. Together these projects are to be called the Edmonds Waterfront Center Project (project). On March 23, 2017, the City contracted with Herrera to support the environmental permitting process for the project. The original scope of work was limited to in -water permitting support, a critical areas report and a forage fish survey. The City now anticipates that it will need additional support services from Herrera and has outlined the additional tasks in this amendment. Task 12 — Additional Forage Fish Surveys to Extend In -Water Construction — Herrera will perform up to five additional surveys, on two -week intervals, of the beach waterward of the ordinary high water mark (OHWM) at the project site. Work will occur between July and October 2020. All methods and assumptions of the initial forage fish survey task (Task 6) in the original SOW will apply to these subsequent surveys. Herrera will only proceed with subsequent surveys if explicitly authorized by the City. Cost not to exceed $10,000. Task 13 — Support Associated with the Snohomish County easement trial — Herrera will provide a representative to attend all or part of the Snohomish County easement trial held at Snohomish County Superior Court. This task also includes meeting and coordination with the City, its representatives, and the design team regarding various aspects of the trial. Cost not to exceed $4,000. Task 14 — Testimony Associated with the Snohomish County Superior Court trial — Herrera will provide testimony at the Snohomish County Superior Court trail held in Everett. Herrera will charge 1.5 times its normal rate for all time providing testimony under oath. Cost not to exceed $1,500. Packet Pg. 34 1.2 City Council Agenda Item Meeting Date: 11/12/2019 Walker Macy Addendum for Civic Field Design Contract Staff Lead: Shannon Burley Department: Parks, Recreation & Cultural Services Preparer: Shannon Burley Background/History February 9, 2016 - Civic Center Field acquired by the City from the Edmonds School District May of 2016 - Council awarded Master Plan and Development contract to Walker Macy March 2017 - Council adopted the Civic Master Plan April 2018 - Council approved a professional services agreement with Walker Macy to provide design, permitting, bidding, construction management and closeout services for Civic Park. Staff Recommendation Forward to consent, authorizing the Mayor to sign contract addendum Narrative This is a request to add scope of work to the existing Walker Macy contract based on the information below and to authorize additional spending authority under their agreement. This is NOT a request for additional funds as the funds for the additional scope are already part of the Civic Park budget. This scope was not included in the original contract because we needed to determine the feasibility first. Due to high groundwater conditions at Civic Park, it is difficult to design a code -compliant, on -site stormwater detention system. As a result, the design team (in collaboration with City Stormwater Engineers) explored the feasibility of installing stormwater infiltration facilities at Yost Park as a "detention trade" (same watershed, upstream) to partially satisfy flow control requirements at Civic Park. The Infiltration Feasibility Evaluation determined that the site appears feasible for shallow infiltration facilities (infiltrating bio retention). In simple terms we plan to capture the runoff from the parking lot (and potentially tennis courts) at Yost and direct it to bio retention facilities near the parking lot and behind the pool. Depending on the design of this system we may be able to construct this system in-house with parks staff which would be a significant project savings. These shallow infiltration facilities at Yost Park are preferred for both stormwater detention and reduction in expense. We request authorization to have Walker Macy continue with the site survey, design, cost estimate, permitting, bidding, construction management and testing at this secondary site. The design & permitting of this project coincides with the design and permitting timeline for Civic Park. Packet Pg. 35 1.2 A complete update on Civic Park is scheduled to be presented to Council on December 10, 2019. At that time we will have a completed design of the Yost system to share. Attached: PSA for Walker Macy Amendment #1 for Walker Macy Yost —Civic Stormwater Site Map Attachments: Walker Macy PSA Yost —Civic Water Site Map Amendment No. 1 to Walker Macy Professional Services Agreement Packet Pg. 36 1.2.a PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT ("Agreement") is made and entered into between the City of Edmonds, a Washington municipal corporation, hereinafter referred to as the "City", and Walker Macy, hereinafter referred to as the "Consultant". WHEREAS, the City desires to engage the professional services and assistance of a consulting firm to provide landscape architectural services with respect to the Civic Center Playfield project ("Project"); NOW, THEREFORE, in consideration of mutual benefits accruing, it is agreed by and between the parties hereto as follows: 1. Scope of work. The scope of work shall include all services and material necessary to accomplish the above mentioned objectives in accordance with the Scope of Services that is marked as Exhibit A, attached hereto and incorporated herein by this reference. 2. Pay . The Consultant shall be paid by the City for completed work for services rendered under this Agreement as provided hereinafter. Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies, equipment and incidentals necessary to complete the work. A. Payment for work accomplished under the terms of this Agreement shall be on a time and expense basis as set forth on the Fee Schedule set forth in Exhibit B, attached hereto and incorporated herein by this reference; provided, in no event shall the payment for work performed pursuant to this Agreement exceed the sum of One Million Two Hundred Eight Thousand One Hundred Eighty Five Dollars ($1,233,185.00). B. All vouchers shall be submitted by the Consultant to the City for payment pursuant to the terms of this Agreement. The City shall pay the appropriate amount for each voucher to the Consultant. The Consultant may submit vouchers to the City biweekly during the progress of the work for payment of completed phases of the project. Billings shall be reviewed in conjunction with the City's warrant process. No billing shall be considered for payment that has not been submitted to the City three days prior to the scheduled cut-off date. Such late vouchers will be checked by the City and payment will be made in the next regular payment cycle. C. The costs records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the City for a period of three years after final payment. Copies shall be made available upon request. 3. Ownership and use of documents. All research, tests, surveys, preliminary data and any and all other work product prepared or gathered by the Consultant in preparation for the services rendered by the Consultant under this Agreement shall be and are the property of the Consultant, roses, however, that: Packet Pg. 37 1.2.a A. All final reports, presentations and testimony prepared by the Consultant shall become the property of the City upon their presentation to and acceptance by the City and shall at that date become the property of the City. B. The City shall have the right, upon reasonable request, to inspect, review and copy any work product during normal office hours. Documents prepared under this agreement and in the possession of the Consultant may be subject to public records request and release under Chapter 42.56 RCW. C. In the event that the Consultant shall default on this Agreement, or in the event that this contract shall be terminated prior to its completion as herein provided, the work product of the Consultant, along with a summary of work done to date of default or termination, shall become the property of the City and tender of the work product and summary shall be a prerequisite to final payment under this contract. The summary of work done shall be prepared at no additional cost. 4. Time of performance. The Consultant shall perform the work authorized by this Agreement promptly in accordance with the receipt of the required governmental approvals. The parties agree that the categories of services set forth in the Scope of Services shall be undertaken on the following schedule (including payments anticipated in each calendar year): 2018: 1. Project Startup: $31,823 2. Schematic Design: $159,872 3.30% Design Development: $190,572 4. 10% Contingency Fund: $38,227 Total: $420,494 (plus expenses) 2019: 1. 50/90/100% Design Construction Documentation: $475,588 2. Permitting: $34,056 3. Bidding: $20,178 4. 10% Contingency Fund: $52,982 Total: $582,804 (plus expenses) 2020: 1. Services During Construction: $174,194 2. Project Closeout: $12,067 3. 10% Contingency Fund: $18,626 Total: $204,887 (plus expenses) Total for expenses: $25,000 5. Indemnification 1 Hold harnxless agreement. The Consultant shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses, demands, or suits at law or equity arising from the acts, errors or omissions of the Consultant in the performance of this Agreement, except for injuries Packet Pg. 38 1.2.a and damages caused by the sole negligence of the City. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, and volunteers, the Consultant's liability, including the duty and cost to defend, hereunder shall be only to the extent of the Consultant's negligence. The Consultant shall comply with all applicable sections of the applicable Ethics laws, including RCW 42.23, which is the Code of Ethics for regulating contract interest by municipal officers. The Consultant specifically assumes potential liability for actions brought by the Consultant's own employees against the City and, solely for the purpose of this indemnification and defense, the Consultant specifically waives any immunity under the state industrial insurance law, Title 51 RCW. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 6. General anci professional liability insurance. The Consultant shall obtain and keep in force during the term of the Agreement, or as otherwise required, the following insurance with companies or through sources approved by the State Insurance Commissioner pursuant to Title 48 RCW. Insurance Coverage A. Worker's compensation and employer's liability insurance as required by the State. B. Commercial general liability and property damage insurance in an aggregate amount not less than two million dollars ($2,000,000) for bodily injury, including death and property damage. The per occurrence amount shall be written with limits no less than one million dollars ($1,000,000). C. Vehicle liability insurance for any automobile used in an amount not less than a one million dollar ($1,000,000) combined single limit. D. Professional liability insurance in the amount of one million dollars ($1,000,000). Excepting the Worker's Compensation Insurance and Professional Liability Insurance secured by the Consultant, the City will be named on all policies as an additional insured. The Consultant shall furnish the City with verification of insurance and endorsements required by the Agreement. The City reserves the right to require complete, certified copies of all required insurance policies at any time. All insurance shall be obtained from an insurance company authorized to do business in the State of Washington. The Consultant shall submit a verification of insurance as outlined above within fourteen days of the execution of this Agreement to the City. No cancellation of the foregoing policies shall be effective without thirty days prior notice to the City. The Consultant's professional liability to the City shall be limited to the amount payable under this Agreement or one million dollars ($1,000,000), whichever is the greater, unless modified elsewhere in this Agreement. In no case shall the Consultant's professional liability to third parties be limited in any way. 7. Discrimination prohibited. Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, national origin, age, sex, Packet Pg. 39 1.2.a sexual orientation, marital status, veteran status, liability for service in the armed forces of the United States, disability, or the presence of any sensory, mental or physical handicap, or any other protected class status, unless based upon a bona fide occupational qualification. 8. Consultant is an independent contractor. The parties intend that an independent contractor relationship will be created by this Agreement. No agent, employee or representative of the Consultant shall be deemed to be an agent, employee or representative of the City for any purpose. Consultant shall be solely responsible for all acts of its agents, employees, representatives and subcontractors during the performance of this Agreement. 9. City approval of work and relationships. Notwithstanding the Consultant's status as an independent contractor, results of the work performed pursuant to this Agreement must meet the approval of the City. During pendency of this Agreement, the Consultant shall not perform work for any party with respect to any property located within the City of Edmonds or for any project subject to the administrative or quasijudicial review of the City without written notification to the City and the City's prior written consent. 10. Termination. This being an Agreement for professional services, either party may terminate this Agreement for any reason upon giving the other party written notice of such termination no fewer than ten (10) days in advance of the effective date of said termination. 11. Tnteeration. The Agreement between the parties shall consist of this document, the Scope of Work attached hereto as Exhibit A, and the Fee Schedule attached hereto as Exhibit B. These writings constitute the entire Agreement of the parties and shall not be amended except by a writing executed by both parties. In the event of any conflict between this written Agreement and any provision of Exhibits A or B, this Agreement shall control. 12. Chances/Additional Work. The City may engage Consultant to perform services in addition to those listed in this Agreement, and Consultant will be entitled to additional compensation for authorized additional services or materials. The City shall not be liable for additional compensation until and unless any and all additional work and compensation is approved in advance in writing and signed by both parties to this Agreement. If conditions are encountered which are not anticipated in the Scope of Work, the City understands that a revision to the Scope of Work and fees may be required. Provided, however, that nothing in this paragraph shall be interpreted to obligate the Consultant to render or the City to pay for services rendered in excess of the Scope of Work in Exhibit A unless or until an amendment to this Agreement is approved in writing by both parties. 13. Standard of Care. Consultant represents that Consultant has the necessary knowledge, skill and experience to perform services required by this Agreement. Consultant and any persons employed by Consultant shall use their best efforts to perform the work in a professional manner consistent with sound practices, in accordance with the schedules herein and in accordance with the usual and customary professional care required for services of the type described in the Scope of Work. 14. Non -waiver. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. Packet Pg. 40 1.2.a 15. Non -assignable. The services to be provided by the Consultant shall not be assigned or subcontracted without the express written consent of the City. 16. Covenant against contingent tees. The Consultant warrants that s/he has not employed or retained any company or person, other than a bona fide employee working solely for the Consultant, to solicit or secure this Agreement, and that s/he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award of making of this Agreement. For breach or violation of this warranty, the City shall have the right to annul this Agreement without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 17. Compliance with laws. The Consultant in the performance of this Agreement shall comply with all applicable Federal, State or local laws and ordinances, including regulations for licensing, certification and operation of facilities, programs and accreditation, and licensing of individuals, and any other standards or criteria as described in the Agreement to assure quality of services. The Consultant specifically agrees to pay any applicable business and occupation (B & 0) taxes which may be due on account of this Agreement. 18. Notices. Notices to the City of Edmonds shall be sent to the following address: City of Edmonds 121 Fifth Avenue North Edmonds, WA 98020 Notices to the Consultant shall be sent to the following address: Walker Macy 105 S. Main Street, Suite 205 Seattle, WA 98104 Receipt of any notice shall be deemed effective three days after deposit of written notice in the U.S. mails, with proper postage and properly addressed. DATED THIS 21 DAY OF 2018. CITY OF EDMONDS WALKER MACY Packet Pg. 41 1.2.a By ATTEST/AUTHE CATED: APP VED AS TO FORM: S assey, City Cle Office of the City Attorney OREGO tJ OFFICIAL STAMP STATE OF ) LEONA MAY MILLER NOTARY PUSUC•OREGON )Ss COMMISSION NO.951911 COUNTY OF .UUL-rW c-; AH ) OWCOMMISSION EXPIRES JULY 11, 2020 I On this � day of - 2018ij before me, the undersigned, a Notary Public in and for the State of ., duly commissioned and sworn, personally appeared to me known to be the o%-i to -I o aj of the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument and that the seal affixed is the corporate seal of said corporation. WITNESS my hand and official seal hereto affixed the day and year first above Written. NOTARY PUBL C My commission expires: Q"i I I 1 1,2020 Packet Pg. 42 1.2.a EXHIBIT A WALKERIMACYLANDSCAPE ARCHITCCIURE URBAN DESIGN PLANNING March 20, 2018 Carrie Hite Parks, Recreation and Cultural Services Director City of Edmonds 700 Main Street Edmonds, WA 98020 RE: Edmonds Civic Center Playfield Improvements — P3282.01 Dear Carrie, We appreciate the opportunity to submit the following proposal for providing landscape architectural services for the redevelopment of Civic Center Playfield. PROJECT UNDERSTANDING AND TEAM ROLES: 1. The project transforms the existing Civic Center Playfield into a new 8 acre park with site improvements that include a multi -use plaza, a permanent skatepark and pumptrack with integrated viewing areas, a water feature, multi -use lawn and playfields, one playground, six petanque courts, one multi -use court, one shade pavilion structure (including restrooms and storage), walking/jogging paths, exercise stations, picnic area, youth bouldering wall, lawn terraces, berms, planting, lighting, stormwater gardens and all related utilities that are commensurate with the Master Plan, dated February 2017. Limits of park improvements are illustrated in Exhibit A, attached. 2. Walker Macy proposes the following sub -consultant team to assist us on the project: • Architect: ORAArchitects • Civil and Structural Engineers: KPFF Consulting Engineers • Mechanical and Plumbing Engineer: Notkin-Wood Harbinger • Electrical Engineer: Reyes Engineering • Lighting Designer: FMS • Cost Consulting: JMB Consulting ■ Fountain Designer: STO Design • Irrigation Consultant: Design Two Four Two Six • Skatepark Consultant: Grindline • Geotechnical Consultant: Landau 3. Walker Macy's role will be to provide the following: • We will work directly with The City of Edmonds and the design team during the effort to ensure a comprehensive approach to the work, and will provide leadership at meetings with client, City, and community groups. 1218 3RD AVE, SUITE 1310 f SEATTLE. WA 98101 I PHONE: 206.582 3874 I WEL'- WALKERMACY.COM Packet Pg. 43 1.2.a Civic Center Playfield March 16, 2018 Page 2 of 11 • Detailed planning and site design for all park improvements, access and circulation for Civic Center Playfield Walker Macy, in collaboration with the design team, will document surface improvements including vehicular and pedestrian paving, planting, grading, irrigation, water feature, sports courts and fields, playground, youth climbing wall, skatepark integration and site furnishings for areas within our scope. ■ Walker Macy will document all site demolition with Civil engineer review. • Walker Macy, in collaboration with KPFF, will advance the design of 6th Avenue (The Market Promenade), to a Schematic Design level and 7ch Avenue through Construction Administration as an optional additional service. Note, this assumes that ROW work is integrated with park design efforts to reduce cost. If ROW work became a separate effort, fee estimates would require revision. The team's skatepark consultant will provide consultation, design guidance and architectural drawings for the skatepark and/or pumptrack. 5. The City of Edmonds will lead and apply for all applicable grants. Walker Macy will support this effort with required graphics, narratives, and cost estimates. 6. The team's architect will provide: a. Architectural drawings and CAD files for the design for a new shade pavilion with integrated restrooms. b. Documentation for the demolition of the existing shed c. Not included in this estimate are renovation of the existing Field House, work on a Boys and Girls Club facility or footprint that differs from the Master Plan, or integration of the shade pavilion and restroom structure with a future Boys and Girls Club facility. The team's civil engineer will document and provide CAD files for all right-of-way requirements, erosion and sedimentation control, stormwater features and all utilities. a. We will collaborate with the civil engineer for stormwater quality features per City of Edmonds code requirements. b. The City of Edmonds requires a civil engineer's stamp on all final grading plans. Therefore we propose to transfer our detailed grading documents after 50% CD to the civil engineer for final construction documentation, in coordination with Walker Macy. c. ROW Improvements along 61h and 71h Avenue. See attached limit of work and additional services enumerated below. 8. The team's fountain designer will provide water feature design services and mechanical, electrical and plumbing design guidance, in coordination with related sub consultants, and documentation for the water feature. 9. The team's mechanical engineer will provide mechanical and plumbing design guidance, specification and technical review in coordination with related sub -consultants. :� Packet Pg. 44 1.2.a Civic Center Playfield March 16, 2018 Page 3 of 11 10. The team's lighting designer will provide lighting design services for pedestrian, architectural, sports, and feature lighting, including fixture proposals, photometric assessments, technical drawings, and specifications in coordination with Walker Macy and related sub consultants. 11. The team's irrigation consultant will provide irrigation design, layout and technical documentation The irrigation consultant will also provide CAD files of the irrigation locations for coordination with Walker Macy. 12. The team's electrical engineer will document all routing and controls for electrical services, layouts and vaults for site lighting features, including sports field and court lighting. The electrical engineer will also provide CAD files of the electrical fixture locations for coordination with Walker Macy. a 2 13. The team's geotechnical engineer will document recommendations for surface, subsurface and > U groundwater conditions for proposed work and features, including demolition. The geotechnical engineer will provide or review drawings as required, including earthwork loading, drainage and foundations. c 14. The team's cost estimating consultant will provide statements of probable costs at Schematic a� Q Design and 90% construction documents. Q 15. Walker Macy will submit a packet to the City for review following Schematic Design, 30%(Design a Development) and 90%(Construction Documentation) milestones. The City will provide a single collated set of comments to Walker Macy within 40 days of each submittal. Other milestones will conclude with design team review only. L 16. All activities and fees necessary to obtain permits will be by The City of Edmonds and the Owner. Walker Macy and the design team will provide drawings for inclusion in the permit applications. We Q assume permit drawings will be derivatives of our working plans. Cn a - SCOPE OF WORK: Based on our understanding of the project, and the information provided, we propose the following scope Y of work: 1. Project Start-up (April -May 2018) 1.1 Attend one conference call with client to discuss scope, budget and schedule. E 1.2 Review survey and geotechnical reports, budget information, code requirements, permit requirements and other project background material made available to Walker Macy. Q 1.3 Coordinate scope of work and attend meetings as needed with sub -consultants. 1.4 Coordinate and lead team kick-off meeting with sub -consultants 1.5 Attend and document one (1) project kick-off meeting with client, in Edmonds, to review design efforts and to coordinate our work. 1.6 Confirm reclaimed timber and seat board inventory for potential use in the park. Meetings Summmary: • One (1) conference call meeting with client to discuss scope, budget and schedule Packet Pg. 45 1.2.a Civic Center Playfield March 16, 2018 Page 4 of 11 • One (1) kick-off meeting with client in Edmonds • One (1) consultant team kickoff meeting ( additional subconsultant meetings as needed) 2. Schematic Design (June -August 2018) 2.1 Refine and/or revise site design to accommodate findings from survey and geotech reports and changes to program since Master Plan was published Create CAD base files. 2.2 Park feature design development, including water feature, skatepark, playground, exercise stations and scramble wall. 2.3 Design team meetings and coordination of site work across all disciplines. 2.4 Attend and document one (1) meeting with the client in Edmonds, followed by weekly conference calls. 2.5 Attend and document one (1) Project Advisory Meeting, in Edmonds. 2.6 Attend and document one (1) meeting with the Edmonds Petanque Club. 2.7 Attend and document one (1) meeting with Edmonds Skatepark Committee. 2.8 Attend and document one (1) meeting with Edmonds Chamber of Commerce regarding event planning. 2.9 Attend one (1) meetings with Public Works and Engineering to coordinate Schematic Design of The Market Promenade — 6th Street Improvements (per optional services). 2.10 Review Edmonds standard documentation and drawing format requirements and revise drawing formats as needed. 2.11 Prepare documentation for and attend one (1) Edmonds Internal Parks and Planning review in Edmonds after SD submittal. 2.12 Attend one (1) City Council Meeting in Edmonds. 2.13 Attend and document one (1) meeting with the Boys and Girls Club in Edmonds. 2.14 Prepare/attend/document one (1) art meeting with Edmonds Cultural Services Manager. 2.15 Provide 100% Schematic Design Submittal with the following deliverables: • CAD Base drawings for team coordination • Updated Illustrative Site Plan • Area take -offs diagram ■ Materials Plan / Site Plan • Up to three (3) CAD Sections / Elevations, as needed to convey design intent • Grading Concept Plan for Civic Center Playfield • Schematic Design Grading Concept for 6th Avenue (per additional services) ■ Narrative / basis of design memo • Image boards describing proposed materials and plant typologies • (1) Updated birdseye perspective rendering Packet Pg. 46 1.2.a Civic Center Playfield March 16, 2018 Page 5 of 11 • Stormwater concept plan • Plan, roof plan and sections of pavilion • Skatepark plan • Lighting concept plan • Water feature concept plan • 100% SD Cost Estimate, including delineated budget" Meetings Summary: • One (1) meeting with client in Edmonds • Weekly conference calls with client • One (1) Project Advisory Committee Meeting in Edmonds • One (1) City Council Meeting in Edmonds • One (1) meeting with Edmonds Petanque Club in Edmonds. • One (1) meeting with Edmonds Skatepark Committee in Edmonds • One (1) Chamber of Commerce Meeting in Edmonds • One (1) meeting for City of Edmonds internal (Parks and Planning) review in Edmonds One (1) meeting with City of Edmonds Public Works to coordinate 6th Avenue Improvements (per additional services). • One (1) meeting with the Boys and Girls Club 3. 30% (Design Development, September —November 2018) No City review following 30% milestone, submittal is for internal review purposes only) 3.1 Incorporate and/or respond to Schematic Design submittal City review comments. City to < provide one collated set of comments for response. a 3.2 Attend one (1) meeting with client to review the schematic design phase and discuss construction budget for the site and landscape improvements, design development goals and schedule. 3.3 Review Schematic Design cost estimate and contribute to Value Engineering efforts by amending r landscape scope as required to bring project into budget goals. E 3.4 Lead team design development and coordination. Coordinate technical documentation for grading plan, demolition, layout, architectural, civil/stormwater, planting, irrigation and lighting plans in coordination with consultant team. Q 3.5 Attend one (1) meeting with the Edmonds Petanque Club to review and refine court design. 3.6 Attend one (1) meeting with Edmonds Skatepark Committee to review and refine skatepark/pumptrack design. 3.7 Consult on arts integration plan with Edmonds Cultural Services Manager. 3.8 Attend meeting and follow up with artist(s) to discuss concepts and park design integration. 3.9 Review and incorporate Edmonds standard details and related requirements. 3.10 Attend one (1) meeting with City in Edmonds to review 30% plans and outstanding issues Packet Pg. 47 1.2.a Civic Center Playfield March 16, 2018 Page 6 of 11 3.11 Submit internal 30% Design. Deliverables include: • Demolition Plans • Civil Utility and Stormwater Plans • Grading Plans • Materials Plans, including Lighting and Furnishings • Planting Area Plans noting plant types (e.g., tree, shrub, groundcover); not specific plant species. • Irrigation Conceptual Zone Plans (includes point of connection, mainline routing, and irrigation value locations). • Architectural Plans • Lighting Plans • Electrical Plans • Mechanical Cut Sheets and Plans • Water Feature Plans • Skatepark Plans • Draft basis of design memo summarizing assumptions, design intent, code requirements and draft specifications. • Draft specifications, including Division One. Meetings Summary: • Two (1) client review meetings in Edmonds. • Weekly conference calls with client • One (1) meeting with Edmonds Petanque Club • One (1) meeting with Edmonds Skatepark Committee • One (1) meeting with Edmonds internal review committee (Parks and Planning) in Edmonds to review 30% DD submittal. 4. 50%, 90% and 100% Design Construction Documentation (December 2018 -August 2019) City Review after 90% only. 4.1 Attend two (2) coordination meetings with The City of Edmonds. 4.2 After 30% and 90% submittals, review the construction budget, schedule and milestones. Attain approval from City to proceed with 100% Construction Documentation. 4.3 Lead design development and coordination of technical documents in coordination with consultant team. 4.4 Coordinate artist integration for each phase. 4.5 Produce 50%, 90% and 100% Construction Documents. Deliverables include: ■ Site Demolition Plans • Site Civil Plans and Details ■ Site Grading Plans • Site Materials and Furnishings Plans Packet Pg. 48 1.2.a Civic Center Playfield March 16, 2018 Page 7 of 11 • Site Layout Plans ■ Soil Plans and Details • Planting Plans and Details ■ Irrigation plans and Details ■ Site Construction Details • Site Structural Plans and Details • Architectural Plans and Details • Lighting Plans and Details • Electrical Plans and Details • Water Feature Plans and Details a V • Skatepark Plans and Details ■ Specifications, including Division1 Specifications. v 4.6 Submit 90% documents to City for review. The 50% and 100% milestones will be used for internal team review and QA/QC only. _ a� 4.7 Develop cost estimate at 90% submittal. Q 4.8 Complete geotech review at 50% internal review. y IL 4.9 One (1) meeting with Edmonds Skatepark Committee after 50% review. 4.10 Prior to 100% submittal, contribute to Value Engineering efforts by amending landscape scope and drawings as required to bring project into budget goals. Value engineering drawing revisions L after 90% Construction Documentation are not included in this scope of work. a Meeting summary: Cn a • Two (2) client review meetings, in Edmonds. • One (1) meetings with Edmonds Skatepark Committee a� 6. Permitting (April — November 2019) 5.1 Submit preliminary and final stamped and signed documents to the client as required for c permitting. The permits currently anticipated for this project are all under one umbrella permit a� E package and include: a. ROW development (per optional services) Q b. Grading and park features c. Building plans d. Utility plans 5.2 Respond to permit comments during permitting. 5.3 Revise drawings and resubmit to the permit center if required. 6. Bidding (September - November 2019) Packet Pg. 49 1.2.a Civic Center Playfield March 16, 2018 Page 8 of 11 6.1 Produce Bid Set documents, based on 100% construction documents, including Division 1 Specifications. 6.2 Attend pre -bid conference. 6.3 Prepare addenda during bid period as necessary. 6.4 Assist in review of bids. Deliverables: • Permit drawings based on Construction Documents. Meetings: • One (1) pre -bid conference in Edmonds. 7. Services During Construction (December 2019 — December 2020) 7.1 Develop "For Construction" set of Construction Documents. 7.2 Attend (1) pre -construction meeting. 7.3 Review product submittals and shop drawings; respond to requests for information, produce change orders and clarification drawings as needed. 7.4 Attend twenty two (22) project meetings and Construction Observation site visits (one every other week), particularly at the following milestones: • Review of rough grading. • Review of hardscape layout. • Perform one nursery visits at milestones to review and tag plant material. • Review irrigation mainline layout and open mainline trenching. • Review of finish grading. • Review tree and/or plant material layout. • Review irrigation coverage. • Stormwater system review (civil) • Artwork integration review/observation • Additional milestones as defined by sub -consultants 7.5 Attend (1) substantial completion walk-through and develop a punch list. 7.6 Attend (1) final acceptance walk-through to review completion of the punch list. 7.7 Attend (1) warranty walk-through and develop a warranty list. 8. Project Closeout 8.1 Prepare record documents for all work within our scope based on contractor provided record drawings in CAD format. FEES: Packet Pg. 50 1.2.a Civic Center Playfield March 16, 2018 Page 9 of 11 We propose the following fees: 1. Project Start Up 2. Schematic Design 3. Design Development (30%) 4. Construction Documents (50/90/100%) 5. Permitting 6. Bidding 7. Service During Construction 8. Project Close -Out Subtotal 9. 10% Design Contingency Total $31, 823.00 $159,872.00 $190,572.00 $475,588.00 $34,056.00 $20,178.00 $174,194.00 $12,067.00 $1,098,350.00 $109,835.00 $1,208,185.00 plus expenses We propose to bill monthly on a percentage of completion per phase. Expenses are additional, and will be billed at 1.1 times our cost. OPTIONAL SERVICES: Based on our understanding of the project, and the information provided, we propose the following Optional Services. We propose to bill monthly on a percentage of completion per phase. Expenses are additional, and will be billed at cost. Project Understanding, Team Roles, and Assumptions enumerated in this Scope of Work shall also apply to these optional services. Parking Impact Study Conduct parking impact study related to Civic Center Playfield improvements. Walker Macy proposes Fehr & Peers to assist with the study. See attached proposal. Estimated Fee: $25,600 ROW Improvements Study grading on 6`h Avenue to determine feasibility of The Market Promenade and flush curb condition to a Schematic Design Level. Develop and document ROW improvements, per the approved Master Plan along 7ffi Avenue and 6th Avenue (from back -of -curb on the park -side) through Construction Administration. Estimated Fee: $51,775.00 10% Design Contingency $5.178,00 Total: $56,953.00 ASSUMPTIONS: 1. Our proposal is based on the above scope of work, attached limit of work, and a project construction budget not to exceed $10M. 2. Recent geotechnical investigation revealed conditions that may increase construction cost significantly above prior estimate. Reductions in park program or phasing may be required. Areas of park that require redesign may require additional services. Packet Pg. 51 1.2.a Civic Center Playfield March 16, 2018 Page 10 of 11 3. The siting, if any, and scale of the future Boys and Girls Club will be determined prior to Schematic Design phase initiation. Redesigns for Club siting may require additional services. 4. All work in the right-of-way along 6th and 7th Avenues, as well as pedestrian crossings on 6th and 7th Avenues, are listed as optional services and are not included in the base scope and fee. 5. Changes to overhead power and other utilities along rights -of -way are not included in this scope of work. 6. Construction drawings will be provided or based upon Walker Macy standards. 8. Revisions to the construction documents due to value engineering which occur after 90% submittal will require Walker Macy to evaluate potential impact to fees. 9. Site visits in addition to those identified will require Walker Macy to evaluate potential impact to fees. 10. Walker Macy will provide complete Division One specifications (based on templates provided by the City of Edmonds) and will manage the submittal and RFI process. Walker Macy will attend all meetings outlined in the scope of work. Meetings beyond those noted will be additional services and will be billed as time and materials. 11. This proposal assumes the project will be constructed in one phase. If the project is broken into Q multiple design or construction phases, scope and fees will be re-evaluated. Q 12. Project is scheduled to be completed by December 2020. If project extends substantially beyond a the scheduled date additional scope and fees will be re-evaluated. 13. The project team cost estimator will develop landscape and site improvements, quantity take -offs, and unit pricing. This information will be provided to Walker Macy for review as noted in the scope above. Walker Macy and the design team will evaluate quantities and unit cost and provide comments to client. 15. Design review services are not currently part of the proposed scope of services. Q 16. LEED documentation is not currently a part of the proposed scope of services. a- 17. Walker Macy is not responsible for verifying the accuracy of Contractors' record documents. 19. Walker Macy will provide typed CSI-formatted specifications. 20. City arborist will provide assessment of existing trees within proposed limits of work. Y 21. KPFF provided the City of Edmonds a schematic side sewer stub location on 11.30.17 for the future restroom and water feature. We assume the new 8 inch SS Main and stub outs will be in place prior to construction of Civic Field and be completed by the COE. Future coordination for = a� this 8 inch SS Main will include coordination at the view terraces." E 22. City review and feedback duration is assumed at 40 days. If this review period extends substantially beyond the expected duration, impacts to team fees and project schedule will be re- evaluated. Q Please contact me if you have any questions, require clarification, or if we can be of further assistance. We look forward to working with you on the Civic Center Playfield Improvement Project. Sincerely, WALKER MACY Packet Pg. 52 1.2.a Civic Center Playfield March 16, 2018 Page 11 of 11 Chris Jones Principal cjones@walkermacy.com Approved: Name and title Date Packet Pg. 53 1.2.a F $ C e N 9 8 4 sK s §Qg 88 d N 8 a lays( a ry v W K N^ N p N � w a u 3 3 " s I 0 0 rl v E 3o C v Y G 43 E w 3 O E o i q y i` E E E m y 9 m E E . 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Packet Pg. 58 / 1.2.a a a ea! ) m f ! 7§) } | \ R ) . ■ &;; � I Packet Pg. 59 ■ • r _■ . 40 ■ mw v ■ ■■ . 4r a;■ r ■ ■ ■ Civic Park IOU-' . th AJL .. ■ t Yf ■ • ;fix �' €5T RE1L 57 I H€G.ST ,Pk ■ - - - MAIN # - �� i,_ _� ..■Y■r■+ ' ■ r• ■ ` 4�;d • ■ •' ■ ■e Yost Park Stormwater ■� capture area �Y• �■ , i � MAPLk A ''gy�pp ii+"*, C•�C^�w.•.: -..� — ■ z ■ A �. ■ • ; ■ ■ DAR STgq wy ■ ■ ' `' ! y'' ■� ;. � i ik 4 1.2.c City of Edmonds Dave Earling Mayor 700 MAIN STREET • EDMONDS, WA 98020 •425-771-0230 PARKS, RECREATION AND CULTURAL SERVICES DEPARTMENT Isgo AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT FOR LANDSCAPE ARCHITECTURE CONSULTING SERVICES FOR THE EDMONDS CIVIC CENTER PLAYFIELD PROJECT Dated April 27, 2018 WHEREAS, the City of Edmonds, Washington (the "City") and Walker Macy (the "Consultant"), entered into an underlying professional services agreement for the provision of landscape architecture consulting services for the Edmonds Civic Center Playfield Project ("Project"), dated April 27, 2018 ("Underlying Agreement"); and WHEREAS, Section 12 of the Underlying Agreement provides that the City may engage the Consultant to perform additional services when an amendment to the Underlying Agreement is approved in writing by both parties; and WHEREAS, the Underlying Agreement incorporates a Scope of Services for the Project consultation work; and WHEREAS, the parties desire to amend the Underlying Agreement to incorporate an extension of the scope of services to be performed, as well as an increase in the budget to cover the additional consultation work; NOW, THEREFORE, in consideration of the mutual benefits accruing, it is agreed by and between the parties to the Underlying Agreement as follows: 1. The provisions of the Underlying Agreement of April 27, 2018 between the City and the Consultant for Project consultation services, attached hereto as Attachment A and incorporated herein by this reference as if fully set forth, is amended in, but only in, the following respects: (a) Section 1 ("Scope of work") — The Scope of Services attached hereto as Exhibit A is in addition to and shall supplement the Scope of Services set forth in Exhibit A of the Underlying Agreement and referenced in Section 1 ("Scope of Work"). (b) Section 2 ("Payments") — The Fee Schedule incorporated into Exhibit A is in addition to and shall supplement the Fee Schedule set forth in Exhibits A and B of the Underlying Agreement and referenced in Section 2 ("Payments"). Subsection A of Section 2 shall be amended to read as follows: Packet Pg. 61 Amendment No. I to Professional Services Agreement, Page 2 A. Payment for work accomplished under the terms of this Agreement shall be on a time and expense basis as set forth on the Fee Schedule set forth in Exhibit B, attached hereto and incorporated herein by this reference, and the Fee Schedule for the additional Yost Park Stormwater Design services incorporated into Exhibit A, attached hereto and incorporated herein by this reference; provided, in no event shall the payment for work performed pursuant to this Agreement exceed the sum of ONE MILLION, THREE HUNDRED FIFTY-SIX THOUSAND, THREE HUNDRED FORTY DOLLARS ($1,356,340.00). (c) Section 4 ("Time of performance") — Section 4 shall be amended to read as follows: 4. Time of performance. The Consultant shall perform the work authorized by this Agreement promptly in accordance with the receipt of the required governmental approvals. The parties agree that the categories of services set forth in the Scope of Services shall be undertaken on the following schedule (including payments anticipated in each calendar year): 2018: Civic Center Playfield: 1. Project Startup: $31,823 2. Schematic Design: $159,872 3. 30% Design Development: $190,572 4. 10% Contingency Fund: $38,227 Total for 2018: $420,494 (plus expenses) 2019: Civic Center Pla, fel 1. 50/90/100% Design Construction Documentation: $475,588 2. Permitting: $34,056 3. Bidding: $20,178 4. 10% Contingency Fund: $52,982 Yost Park Stormwater Design: 1. Infiltration Feasibility Evaluation: $41,713 (including expenses) 2. Site Survey: $15,300 (including expenses) 3. Design and Permitting: $37,150 (including expenses) 4. Infiltration Testing: $19,232 (including expenses) Total for 2019: $696,199 (plus Civic Center Playfield expenses) 2020: Civic Center Pla, f�: 1. Services During Construction: $174,194 2. Project Closeout: $12,067 3. 10% Contingency Fund: $18,626 Yost Park Stormwater Design: 1. Construction Administration: $7,260 (including expenses) 2. Project Management: $2,500 (including expenses) Total for 2020: $214,647 (plus Civic Center Playfield expenses) Packet Pg. 62 Amendment No. I to Professional Services Agreement, Page 3 Total for Civic Center Playfield expenses: $25,000 GRAND TOTAL: $1,356,340 2. In all other respects, the Underlying Agreement shall remain in full force and effect, amended as set forth herein, but only as set forth herein. DATED this day of November, 2019. CITY OF EDMONDS WALKER MACY David O. Earling, Mayor ATTEST/AUTHENTICATED: Scott Passey, City Clerk APPROVED AS TO FORM: Office of the City Attorney STATE OF WASHINGTON ) )ss COUNTY OF ) Chelsea McCann, Principal On this day of 2019, before me, the under -signed, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Chelsea McCann, and executed the foregoing instrument, and acknowledged the said instrument to be her free and voluntary act and for the uses and purposes therein mentioned, and on oath stated that she was authorized to execute said instrument. WITNESS my hand and official seal hereto affixed the day and year first above written. NOTARY PUBLIC My commission expires: Packet Pg. 63 Exhibit A Scope of Work / Fee Schedule WALKERI MACY LANOSCAPE ARCHITECTURE URBAN DESIGN PLANNING November 7, 2019 Shannon Burley Deputy Parks, Recreation, and Cultural Services Director City of Edmonds 700 Main Street Edmonds, WA 98020 RE: Edmonds Civic Center Playfield, Stormwater Design at Yost Park Dear Shannon, Due to high groundwater conditions at the Edmonds Civic Center Playfield (ECCP) site, the project team encountered challenges in designing a code -compliant, on -site stormwater detention system for the proposed development. As a result, the City of Edmonds (City) and the ECCP design team are exploring the feasibility of installing stormwater infiltration facilities at City -owned Yost Park as a "detention trade" to partially satisfy flow control requirements at ECCP. The design at Yost will focus on shallow infiltration facilities (infiltrating bio retention) rather than UIC wells based on preliminary site evaluation conducted by Shannon & Wilson. Walker Macy proposes the following sub -consultant team to assist us on the project: • Geotechnical: Shannon & Wilson • Civil Engineer: KPFF Consulting Engineers • Survey: KPFF Consulting Engineers SCOPE OF WORK: 1. Infiltration Feasibility Evaluation 1.1. Conduct a site visit with the City to identify drilling locations. 1.2. Drill and install two wells approximately 80 feet deep. Each well will be competed with a flush - mounted monument. 1.3. Perform geotechnical laboratory tests on the samples. 1.4. Perform visual geologic reconnaissance of the steep slopes between the Yost pool and parking areas. 1.5. Prepare a report detailing the results of the field explorations, site reconnaissance and laboratory testing. 2. Site Survey 2.1. Perform site survey to establish site control and mapping points on Washington State Plane Coordinates NAD 83/91 and vertical datum on NAVD 88 2.2. Prepare boundary base map and plot easements affecting the subject property. 2.3. Perform topographic survey of the site as outlined by the design team. 1218 3RD AVE, SUITE 1310 ` SEATTLE, WA 98101 I PHONE: 206.582.3874 WEB: WALKERMA Y. M 1.2.c Edmonds Civic Center Playfield — Stormwater Design at Yost Park November 7, 2019 Page 2 of 3 3. Design and Permitting L 3.1. Review project Survey a 3.2. Produce 50% Design and Permit Submittal. Deliverables Include: > U • Site Demolition Plan • TESC Plan and Details c • Paving and Grading Plan and Details m Q • Storm Drainage Plan, Profiles, and Details • Storm Drainage Report a ca • Planting Plans and Details • Specifications L 3.3. Incorporate City review comments after the 50% submittal. 3.4. Prepare single cost estimate 3.5. Prepare Bid Set after completion of permitting. 3.6. Attend four team meetings by conference call or web meeting a� Q N N 3.7. Perform three site visits 4. Infiltration Testing 4.1. Conduct a site visit to mark a maximum of four test pit excavation locations. Excavation to be performed by the City. 4.2. Perform geotechnical laboratory tests on the retrieved soil samples 4.3. Prepare summary geologic logs based on field observations and geotechnical laboratory testing, and present observed and recommended design infiltration rate values 5. Construction Administration 5.1. Respond to submittals and requests for information (RFIs) from the contractor 5 0 r 5.2. Perform up to four site visits during construction 0 SCHEDULE: Z r c • We assume design duration of six months, starting when we receive the project survey and notice to proceed. m ASSUMPTIONS: E Q • Wall Design is not included (not anticipated). r • Irrigation, if required, will be documented as design -build. • SWPPP is not anticipated since site disturbance will be less than 1 acre • KPFF assumes the design and permitting of a maximum of two shallow infiltration facilities (infiltrating bioretention). A project survey is currently being completed for Yost Park; upon Q receipt of that survey, KPFF will review existing conditions and determine whether or not two infiltration facilities will be sufficient. If more than two are required, we will request additional services. Packet Pg. 65 1.2.c Edmonds Civic Center Playfield — Stormwater Design at Yost Park November 7, 2019 Page 3 of 3 • Per Preliminary information provided by Shannon & Wilson, an infiltration rate of 1-2inches per hour is available at the site. Shannon & Wilson will perform field testing at the actual proposed infiltration sites to better estimate infiltration rates. • Re -grading will be limited to small areas where minor modifications to drainage patterns are necessary. This will generally be accomplished through a grind and overlay of existing asphalt surfacing. • Division 1 specifications will be provided by the City. • Infiltration test pit excavation will be completed by the City. Test pit locations will be marked in the field by the design team. FEES: We propose the following fees: 1. Infiltration Feasibility Evaluation 2. Site Survey 3. Design and Permitting 4. Infiltration Testing 5. Construction Administration 6. Project Management Total $41,713.00 $15,300.00 $37,150.00 $19,232.00 $7,260.00 $2,500.00 $123,155.00 including expenses We propose to bill monthly on a time and materials "not -to -exceed" basis. Client authorization is required for any work beyond the established limit. Please contact me if you have any questions, require clarification, or if we can be of further assistance Sincerely, WALKER MACY Andrea Kuns Senior Associate akuns@walkermacy.com Approved: Name and title Date Packet Pg. 66 1.3 City Council Agenda Item Meeting Date: 11/12/2019 Community Health Center (CHC) Pedestrian Easement Staff Lead: Rob English Department: Engineering Preparer: Megan Luttrell Background/History None. Staff Recommendation Forward this item to the November 19th consent agenda for City Council approval. Narrative The City of Edmonds is currently reviewing a proposed development project, the Community Health Center (CHC) Addition at 23320 Highway 99. Edmonds Community Development Code Chapter 16.60.020 - CG - General Commercial Zone, requires construction of 7-ft sidewalks along the property frontage. In addition, street trees will be installed in tree grates along the property frontage. In order to provide all required frontage improvements, portions of the public sidewalk will encroach onto private property. To accommodate these encroachments, a 3 foot public pedestrian easement shall be provided to the City along the Highway 99 frontage. Attachments: CHC Easement Vicinity Map Packet Pg. 67 1.3.a Return Address: City Clerk City of Edmonds 121- 5th Ave. N. Edmonds, WA 98020 PEDESTRIAN EASEMENT Property Address: Assessor's Property Tax Parcel No.: IN CONSIDERATION of benefits to accrue to the grantors herein, the undersigned, , ("GRANTORS") hereby grant to the CITY OF EDMONDS, a Washington Municipal Corporation ("GRANTEE"), a permanent public pedestrian easement for the location and operation of a sidewalk and necessary appurtenances, over, across, through, and below the following described property, together with the right of access to the easement at any time for the stated purposes. The easement hereby granted is located in the COUNTY OF SNOHOMISH, STATE OF WASHINGTON, and is more particularly described and depicted in Exhibit A, attached hereto and incorporated herein by this reference. GRANTORS understand and agree for themselves and their successors and assigns not to cause or allow the construction or maintenance of any building or other structure in or upon the area conveyed without the prior written consent of GRANTEE, which may be granted or allowed in GRANTEE'S sole discretion. GRANTORS understand and agree that GRANTEE may cause the summary removal of any such building or structure so placed without GRANTEE'S consent and that GRANTORS shall make no claim for and shall hold GRANTEE harmless from any claim by a third person for damage to or destruction of the property so removed. GRANTEE agrees to indemnify, defend and hold GRANTORS harmless from any and all liability or damage, including attorneys' fees and costs, incurred or arising directly from GRANTEE's use of the easement as stated above, except those arising from any of GRANTORS' acts, omissions or negligence. GRANTORS expressly reserve all rights not inconsistent with those granted to GRANTEE herein. DATED THIS DAY OF O&D 2019. Gra or STATE OF WASHINGTON ) ) ss COUNTY OF SNOHOMISH) 4, On this day personally appeared before me Joeye'�� to me known to be the individuals described in and who executed the within and foregoing instrument and acknowledged that -JM U V—V signed the same as MS free and voluntary act and deed, for the uses 6d purposes therein mentioned. UNDER MY HAND AND OFFICIAL SEAL THIS �$� DAY OF n fit ytoN � s � e Ln it Av■ G = 2 1 '''1 ItOp'WA5H#"��•�— �a -k--I NOTARY PUBLIC in and Mr the State of Washin on, re�§i mg at --yi t WA Pedestrian Easement (002) (with SEC edits) 7.15.19.doc Packet Pg. 68 1.3.a Accepted by the City Council dated day of 2019. CITY OF EDMONDS ATTEST/AUTHENTICATED: David O. Earling, Mayor Scott Passey, City Clerk APPROVED AS TO FORM: Office of the City Attorney Pedestrian Easement (002) (with SEC edits) 7.15.19.doc Packet Pg. 69 1.3.a :. i LEGAL DESCRIPTION SIDEWALK EASEMENT s LOT 1 / THE EASTERLY 3.00 FEET OF THE N / / FOLLOWING DESCRIBED PROPERTY: CITY OF EDMONDS / , LOT LINE ADJUSTMENT LOT 1, CITY OF EDMONDS LOT LINE ADJUSTMENT NO. PLN20130029, PLN20130029 / RECORDED UNDER SNOHOMISH AFN 201310295001 COUNTY RECORDING NUMBER / / 201310295001, RECORDS OF / SNOHOMISH COUNTY, WASHINGTON. 3' SIDEWALK EASEMENT/ ,' �L T. Rj WAS O O ss GI ST STEg�� 0 L LAB PROJECT 13512.05 ;< p O W � EXHIBIT A DATE _ 10/21/2019 so SIDEWALK EASEMENT SCALE IN FEET 841mond, Washington venue N E, #120 CHC EDMONDS 1 "=80' Redmond, Washington 98052 425-869-2670 a Packet Pg. 70 „ab ” City of Edmonds community neann renter vicinity nn.%V% ------------------------ 228TH5TSW-----------------------�-- - -- E=SPERA. �■ ■ i Is � 1 , V L .a ■ `A 1 a �. r ■- Mr � lk � = M 40- 8 =n . 0 376.17 752.3 Feet This map is a user generated static output from an Internet mapping site and is t reference only. Data layers that appear on this map may or may not be accural WGS 1984 Web Mercator_Auxiliary—Sphere current, or otherwise reliab © City of Edmonds THIS MAP IS NOT TO BE USED FOR DESIGN OR CONSTRUCTIC Fr- ------------ : Lr�,a•e Legend Notes I Packet Pg. 71 1.4 City Council Agenda Item Meeting Date: 11/12/2019 Transfer of cable franchise from Frontier Communications to WAVE Broadband Staff Lead: Jeff Taraday Department: City Attorney's Office Preparer: Scott Passey Background/History The City granted a cable franchise to Verizon in 2008, which was transferred to Frontier in 2009. Frontier has entered into an agreement with Northwest Fiber, LLC to transfer ownership and control of the cable franchise to Northwest Fiber. Frontier submitted a FCC Form 394 formally requesting approval of the transfer by the City. The City may review the legal, financial, technical and other qualifications of the transferee, but cannot unreasonably withhold consent of the transfer. Staff Recommendation That the City Council conditionally approve the transfer application of Frontier to Northwest Fiber. Toward that end, the following motion is proposed by the committee for adoption on the November 19, 2019 consent calendar: I move that the City Council: 1. Receive and file the "Confirmation of Compliance with 'Provision of Cable Service' Provisions in the Frontier Northwest Cable Franchise Agreement." Approve Resolution No. , a "Resolution Granting the Consent of the City of Edmonds, Washington to the Transfer of Control of the Cable Franchise Agreement and Cable System from Frontier Communications Corporation to Northwest Fiber, LLC." Narrative Based upon the representations made by Frontier and Northwest Fiber in the FCC Form 394 and with the conditions contained in the Resolution, it would appear that Northwest Fiber has the financial, technical and legal qualifications to operate a cable system in the City. The Resolution addresses, to extent allowed by applicable law, prior concerns raised about cable franchise compliance by Frontier, future performance, cable rates, and city costs for acting on the transfer application. euildout of the Cable System The city had received some complaints/concerns about whether Frontier was in compliance with the buildout requirements of the cable franchise. The City had inquired about buildout compliance back in 2011 and at that time Frontier still had a small area to cover. This issue was raised with Frontier and Northwest Fiber and they indicated that buildout was complete. At this time, the City has no evidence to the contrary. As a result, the City required Frontier to certify compliance with the buildout provisions of the cable franchise. Frontier has submitted the attached "Confirmation of Compliance with 'Provision of Packet Pg. 72 1.4 Cable Service' Provisions in the Frontier Northwest Cable Franchise Agreement." We believe this satisfies the concern over any remaining buildout of the cable system. Carriage of Local CBS Station Another concern raised with the City was the carriage of all of the local broadcast channels in the Seattle market. The City is aware that local CBS broadcast station, KIRO, is not on the Frontier system. Based upon representation made to the City, KIRO has elected retransmission consent rather than must -carry on the Frontier cable system. If KIRO elected must -carry then Frontier would have been required to carry KIRO (at no charge to Frontier). By electing retransmission consent, KIRO and Frontier must reach a retransmission consent agreement (at a cost to Frontier). The failure to reach an agreement is a contract issue between the parties in which the City may not intervene. However, the Resolution, on behalf of cable subscribers residing in the City, encourages KIRO and Frontier/Northwest Fiber to resolve their differences. Performance Guaranty The City has required Northwest Fiber, the ultimate parent of the Franchisee, to guarantee performance of the cable franchise. Rate Guaranty The City has required a rate guaranty in the Resolution in which Northwest Fiber agrees that cable rates will not increase as a result of the transfer. Payment of City Costs Northwest Fiber has agreed to pay for the City's costs in reviewing the proposed transfer. Misrepresentations Any misrepresentations made by Northwest Fiber or Frontier shall be deemed a material violation of the franchise entitling the City to any available remedies. Past Compliance By conditionally approving the transfer to Northwest Fiber, the City is not releasing or waiving any rights that it has related to known or unknown cable franchise compliance issues. Attachments: 2019-11-05 Northwest Fiber LLC Transfer Resolution (Edmonds) 20191106 Packet Pg. 73 1.4.a RESOLUTION NO. A RESOLUTION GRANTING THE CONSENT OF THE CITY OF EDMONDS, WASHINGTON TO THE TRANSFER OF CONTROL OF THE CABLE FRANCHISE AGREEMENT AND CABLE SYSTEM FROM FRONTIER COMMUNICATIONS CORPORATION TO NORTHWEST FIBER, LLC WHEREAS, on August 5, 2008, the City and Verizon Northwest, Inc. entered into a cable franchise agreement authorizing Verizon Northwest, Inc. to construct, operate, maintain, and repair a cable system to provide cable services within the City (the "Franchise"); WHEREAS, on November 18, 2009, the City consented to the transfer of control of Verizon Northwest, Inc. ("Franchisee") to Frontier Communications Corporation, resulting in control and ultimate ownership of the Franchisee being transferred to Frontier Communications Corporation, and whereupon the name of Franchisee was changed to Frontier Communications Northwest Inc.; WHEREAS, on May 28, 2019, the Frontier Communications Corporation and its wholly -owned subsidiary, Frontier Communications ILEC Holdings, LLC, entered into a Purchase Agreement with Northwest Fiber, LLC d/b/a Northwest Fiber of Washington, LLC (the "Transferee") that will result in control and ultimate ownership of the Franchisee being transferred to Transferee (the "Proposed Transaction"); WHEREAS, Edmonds Municipal Code and Section 11 of the Franchise require the City's consent to the Proposed Transaction, and, on July 19, 2019, the Transferee requested such approval in a Transfer Application; 1 Packet Pg. 74 1.4.a WHEREAS, in reliance on representations made by and on behalf of the Transferee, the City is willing to grants its consent to the Proposed Transaction, so long as those representations are complete and accurate; and WHEREAS, the City's approval of the Transfer Application is therefore appropriate if the Transferee will ensure that Franchisee will continue to be responsible and liable for all known and unknown acts and omissions under the Franchise and applicable law for all purposes. THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON DO RESOLVE AS FOLLOWS: Section 1. The City's consent to and approval of the Proposed Transaction is hereby granted in accordance with Edmonds Municipal Code and the Franchise, subject to the following conditions: a. Actual closing of the Proposed Transaction shall occur consistent with the Transfer Application, and Transferee shall provide the City with written notice of closing within thirty (30) days of the date of closing, notifying the City of the closing; b. Transferee shall accept and acknowledge this Resolution and provide written notice certifying such acceptance and acknowledgement to the City within thirty (30) days of adoption of this Resolution; c. Transferee shall execute and deliver a Guaranty of Performance in the form of Exhibit A, attached hereto and incorporated herewith, within thirty (30) days of the adoption of this Resolution, guarantying the full performance of the Franchisee; 2 Packet Pg. 75 1.4.a d. Transferee agrees that subscriber rates and charges in the City area will L not increase as a result of the costs of the Proposed Transaction; 0 L e. Transferee shall comply with any and all conditions or requirements - 0 L applicable to Transferee and set forth in all approvals granted by federal N agencies with respect to the Proposed Transaction and Transfer L d Application, including, but not limited to, any conditions set forth in a programming agreement; ° as f. After closing of the Proposed Transaction is consummated, the i Franchisee, under control of the Transferee, shall continue to bear all o responsibility and liability for all past acts and omissions, known and unknown, under the Franchise and applicable law for all purposes in the same manner as before the Proposed Transaction; and g. The City waives none of its rights with respect to the Franchisee's compliance with the terms, conditions, requirements, and obligations set forth in the Franchise and in applicable law. The City's consent to the Proposed Transaction shall in no way be deemed a representation by the City that the Franchisee is in compliance with the Franchise and applicable law. Section 2. If any conditions or requirements specified in this Resolution are not satisfied, the Proposed Transaction closes on terms substantially or materially different from the terms described in the Transfer Application, or the Transferee does not accept each and every condition of the transfer of control required of it as set forth in this Resolution, then the City's 3 Packet Pg. 76 1.4.a consent to the Proposed Transaction and approval of the Transfer Application are hereby denied and are void as of the date thereof. Section 3. The Parties recognize the must -carry and retransmissions consent provisions in the federal Cable Act and corresponding FCC rules that allow a local broadcast station to refuse mandatory carriage of its channel by a cable operator without first obtaining a retransmission consent agreement. Local broadcaster KIRO has chosen to require retransmission consent from Franchisee, and/or its affiliates, but has not reached an agreement with Franchisee and/or its affiliates and therefore Franchisee's cable system can no longer carry KIRO's local channel. On behalf of the subscribers of Franchisee residing in the City, the City encourages KIRO and Franchisee to reach a reasonable retransmission consent agreement to allow Franchisee's cable system to once again carry KIRO's local channels. Section 4. Pursuant to Edmonds Municipal Code § 4.68.280, the Transferee shall reimburse the City all costs associated with reviewing and approving the Transfer Application and consenting to the Proposed Transaction up to $5,000. The Transferee reserves any rights it may have under applicable Federal, state or local law to offset such payment against any other payment made or owed to the City pursuant to the Franchise. Section 5. If any written representations made to the City by any person who by law is authorized to bind the Transferee or Frontier Communications Corporation is proven to be materially incomplete, untrue, or inaccurate in any respect, and the City has relied on such representation to its material detriment, such representation shall be deemed to be a material breach of the Franchise and applicable law, entitling the City to any available remedies, including, but not limited to, revocation or termination of the Franchise. M Packet Pg. 77 1.4.a Section 6. By consenting to and approving the Proposed Transaction, the City does not waive or release any rights of the City in and to the streets as provided by state law and the Edmonds Municipal Code, nor does the City waive or release any claim or issue or non- compliance with the Franchise it may have known or unknown now or in the future against Franchisee, Frontier Communications Corporation, or any successor in interest thereof. Section 7. If any section, sentence, clause, or phrase of this Resolution shall be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause, or phrase of this Resolution. PASSED by the Council of the City of Edmonds this 19th day of November, 2019. APPROVED by the Mayor of the City of Edmonds this 19th day of November, 2019. ATTEST/AUTHENTICATED CITY CLERK, SCOTT PASSEY APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: JEFF TARADAY 5 CITY OF EDMONDS MAYOR, DAVE EARLING Packet Pg. 78 1.4.a ACCEPTANCE AND AGREEMENT Northwest Fiber, LLC d/b/a Northwest Fiber of Washington, LLC hereby accepts this Resolution No. ("Resolution") and agrees to be bound by the terms and conditions of this Resolution and the lawful terms and conditions of the Franchise referenced within the Resolution. Dated this day of November, 2019 NORTHWEST FIBER, LLC D/B/A NORTHWEST FIBER OF WASHINGTON, LLC M. Its: 6 Packet Pg. 79 1.4.a Exhibit A GUARANTEE AGREEMENT THIS AGREEMENT is made this day of , 2019, between the City of Edmonds, the Guarantor, and the Franchisee. For the purpose of this Agreement, the terms "City", "Guarantor" and "Franchisee" have the meanings given in this Agreement below: WITNESSETH WHEREAS, the City of Edmonds, Washington, (the "City") have negotiated a cable franchise agreement (the "Franchise") currently held by Frontier Communications Northwest Inc. (the "Franchisee"), to operate and maintain a cable television system (the "Cable System"); and WHEREAS, Northwest Fiber, LLC (the "Guarantor") has proposed to become an ultimate owner and manager of the Franchisee, and has filed a formal written request seeking approval of the proposed transfer by the City as required by federal law (FCC Form 394); and WHEREAS, in response to request by the City following its review of the Transaction, the Guarantor has agreed to provide this guarantee in order to induce the City to approve the transfer of control of the Franchisee from Frontier Communications Corporation to Northwest Fiber, LLC; NOW, THEREFORE, in consideration of the foregoing, the Guarantor agrees: 1. The Guarantor hereby unconditionally guarantees the timely and full performance of any and all obligations of Franchisee contained in the Franchise. In the event Franchisee for any reason fails to perform those obligations, the Guarantor agrees to perform or cause to be performed those obligations on Franchisee's behalf promptly upon written demand by the City. 2. This guarantee is an absolute, continuing, and unlimited performance guarantee of the Franchise by the Franchisee. The City shall not be obliged to proceed first against the Franchisee or any other person, firm or corporation. 3. The Guarantor waives notice of acceptance of this guarantee and further waives protest, presentment, demand for performance or notice of default to the Guarantor. The City has no duty to advise the Guarantor of any information known to them regarding Franchisee's performance of its Franchise obligations. This waiver, however, shall not be deemed a waiver of any requirement of the Franchise as to notice to the Franchisee. 4. The City's failure to require strict performance of the Franchise shall not release the Guarantor from liability under this Agreement. Packet Pg. 80 1.4.a 5. This Agreement, unless terminated, substituted or canceled, as provided herein, shall remain in full force and effect for the duration of the term of the Franchise. This Agreement and the guarantee made hereunder are contingent upon, subject to, and not effective until the closing of the transaction by which ultimate control of the Franchisee is transferred to the Guarantor. If control of the Franchisee is subsequently transferred away from the Guarantor with the approval of the City, the guarantee shall terminate at that time. 6. The Guarantor may propose substitution of another Guarantor to perform the obligations of this Agreement. If the City finds the proposed substitute Guarantor reasonably satisfactory, another Guarantee Agreement may be substituted upon mutual agreement of the City and the Guarantor. Such substitution shall not affect liability incurred or accrued under this agreement prior to the effective date of such substitution. Following the City's acceptance of the substitute Guarantor, no claim, suit or action under this Agreement by reason of any default of the Franchisee shall be brought against the original Guarantor unless asserted or commenced within one year after the effective date of such substitution of the Agreement, and only to the extent it relates to a liability incurred or accrued prior to the effective date of the substitution. 7. Any notices given pursuant to this agreement shall be in writing and delivered personally to the following addresses or deposited in the United States mail, postage prepaid, certified mail, return receipt requested, addressed to the Guarantor and the Franchisee at: and to the City at: Byron E. Springer, Jr. General Counsel Northwest Fiber LLC 135 Lake Street S, Suite 1000 Kirkland, WA 98033 City of Edmonds 121 5th Avenue North Edmonds, WA 98020 Attn: City Clerk Either party may change its address for notices by giving notice of the new address in the manner provided in this paragraph. 8. Definitions: For purposes of this Agreement, the following terms are defined as indicated below: (A) Franchisee: Frontier Communications Northwest Inc., or its lawful successors; (B) Guarantor: Northwest Fiber, LLC; (C) Franchise: Cable Franchise Agreement granted by the City to Franchisee, including all documentation of any conditions of grant, renewal, extension, settlement or transfer. [Signatures on following page] 2 Packet Pg. 81 1.4.a IN WITNESS WHEREOF, the Franchisee, the City, and Guarantor have entered into this Agreement on the day of , 2019. Guarantor: Northwest Fiber, LLC By: _ Title: State of _ County of This Agreement was acknowledged before me on the day of , 2019, by , as a duly authorized officer of Northwest Fiber, LLC. Notary Public for: My Commission Expires: Franchisee: Frontier Communications Northwest Inc. or its successors By: _ Title: State of County of This Agreement was acknowledged before me on the day of , 2019, by , as a duly authorized officer of Frontier Northwest Inc. or its successors. Notary Public for: My Commission Expires: City of Edmonds, Washington By: _ Title: State of County of This Agreement was acknowledged before me on the day of , 2019, by , as a duly authorized representative of Notary Public for: My Commission Expires: Packet Pg. 82 1.4.a Confirmation Of Compliance With "Provision of Cable Service" Provisions In The Frontier Northwest Cable Franchise Agreement With The City Of Edmonds, Washington I, Justin Fontes, Director- Engineering, an employee of Frontier Communications Northwest Inc. ("the Company"), have direct knowledge of Frontier's provision of cable service in the City of Edmonds, Washington. On behalf of Frontier, I confirm that, to the best of my belief, the Company is in compliance with the following "Provision of Cable Service" provisions of the current cable franchise agreement with the City of Edmonds, as of November 5, 2019: 3. PROVISION OF CABLE SERVICE 3.1. Service Area: 3.1.1. Initial Service Area: Franchisee shall offer Cable Service to significant numbers of Subscribers in residential areas of the Initial Service Area and may make Cable Service available to businesses in the Initial Service Area, within twelve (12) months of the Service Date of this Franchise, and shall offer Cable Service to all residential areas in the Initial Service Area within three (3) years of the Service Date of the Franchise, except: (A) for periods of Force Majeure; (B) for periods of delay caused by LFA; (C) for periods of delay resulting from Franchisee's inability to obtain authority to access rights -of -way in the Service Area; (D) in areas where developments or buildings are subject to claimed exclusive arrangements with other providers; (E) in areas, developments or buildings where Franchisee cannot access under reasonable terms and conditions after good faith negotiation, as determined by Franchisee; and (F) in developments or buildings that Franchisee is unable to provide Cable Service for technical reasons or which require non-standard facilities which are not available on a commercially reasonable basis; and (G) in areas where the occupied residential household density does not meet the density requirements set forth in Sub -section 3.1.2. 3.1.2. Density Requirement: Franchisee shall make Cable Services available to residential dwelling units in all areas of the Service Area where the average density is equal to or greater than 25 residential dwelling units per mile, for which an occupancy permit has been issued, as measured in strand footage from the nearest technically feasible point on the active FTTP Network trunk or feeder line. Should, through new construction, an area within the Initial Service Area meet the density requirements after the time stated for providing Cable Service as set forth in Subsections 3.1.1 and 3.1.3 respectively, Franchisee shall provide Cable Service to such area within six (6) months of receiving notice from the LFA that the density requirements have been met and receipt from the LFA of a permit to perform any construction necessary to provide such Cable Service. 3.1.3. Additional Service Areas: Except for the Initial Service Area, 4834-3870-5836v.10113548-000002 Packet Pg. 83 1.4.a Franchisee shall not be required to extend its Cable System or to provide Cable Services to any other areas within the Franchise Area during the term of this Franchise or any Renewals thereof except as set forth in this Section 3.1.3. The parties agree that if any land is annexed by the LFA during the term of this Agreement, such annexed areas shall become part of the Franchise Area and Franchisee shall be required to extend Cable Service within a reasonable time to such annexed area (subject to the exceptions in Section 3.1.1 above), provided that such annexed area: (a) is contiguous to the LFA, (b) is within Franchisee's Title II service territory, and (c) is served by the video -enabled FTTP Network. If Franchisee intends to serve Additional Service Areas within the Franchise Area, Franchisee shall notify the LFA in writing of such Additional Service Area at least ten (10) days prior to providing Cable Services in such areas. 3.2. Availability of Cable Service: Franchisee shall make Cable Service available to all residential dwelling units and may make Cable Service available to businesses within the Service Area in conformance with Section 3.1 and Franchisee shall not discriminate between or among any individuals in the availability of Cable Service. Franchisee shall not deny access to any group of potential residential Subscribers because of the income of the residents of the local area in which the group resides. In the areas in which Franchisee shall provide Cable Service, Franchisee shall be required to connect, at Franchisee's expense, other than a standard installation charge, all residential dwelling units that are within one hundred twenty five (125) feet of trunk or feeder lines not otherwise already served by Franchisee's FTTP Network. Franchisee shall be allowed to recover, from a Subscriber that requests such connection, actual costs incurred for residential dwelling unit connections that exceed one hundred twenty five (125) feet and actual costs incurred to connect any non-residential Subscriber. 3.3. Cable Service to Municipal Buildings: Subject to Section 3.1, Franchisee shall provide, within 180 days of the Effective Date, without charge within the Service Area, one service outlet activated for Basic Service to each of the locations listed in Exhibit B so that Cable Service can be viewed at these two locations at no cost for the purpose of monitoring broadcasts over the PEG Channels. At LFA's request, Franchisee shall also provide one service outlet activated for Basic Service to one mutually -acceptable additional location within the Service Area; provided however, that if it is necessary to extend Franchisee's trunk or feeder lines more than one hundred twenty five (125) feet solely to provide service to such location, the LFA shall have the option either of paying Franchisee's direct costs for such extension in excess of one hundred twenty five (125) feet, or of releasing Franchisee from the obligation to provide service to such building. For each location, Franchisee shall be entitled to recover the direct cost of installing, if requested to do so, more than one outlet, or concealed inside wiring, or a service outlet requiring more than one hundred twenty five (125) feet of drop cable; provided, however, that Franchisee shall charge for the provision of Basic Service to the additional service outlets once installed. Cable Service may not be resold or otherwise used in contravention of Franchisee's rights with third parties respecting programming. Equipment provided by Franchisee, if any, shall be replaced at retail rates if lost, stolen or damaged due to the negligence or other wrongful acts of the LFA. 4834-3870-5836v.10113548-000002 Packet Pg. 84 1.4.a Justin Fontes Director- Engineering Frontier Communications Northwest Inc. Date: 4834-3870-5836v.10113548-000002 Packet Pg. 85 1.5 City Council Agenda Item Meeting Date: 11/12/2019 Presentation of a Supplemental Agreement KPG for the Citywide Pedestrian Crossing Enhancements Project Staff Lead: Rob English Department: Engineering Preparer: Megan Luttrell Background/History On May 15, 2018, Council approved a Local Agency Agreement with KPG for the Citywide Pedestrian Crossing Enhancements. Staff Recommendation Forward this item to the November 19th consent agenda for City Council approval. Narrative This project proposes pedestrian safety improvements at (9) crossings through the installation of pedestrian -actuated rectangular rapid flashing beacons (RRFB), pedestrian HAWK signal, bulb -outs, pavement markings, signs, lighting and / or the addition of pedestrian actuation at an existing emergency traffic signal. The proposed locations are: SR-104 @ 232nd St. SW; SR-524 @ 841h Ave. W; SR-524 @ 7th Ave. N; 76th Ave. W @ 206th St. SW; 229th PI. W @ 1061h Ave. W; Dayton St. @ 2nd Ave. W; and Dayton St. @ Private Driveway.; Walnut St. @ 81h Ave S; and Main St. @ Olympic Ave. The Design phase is currently at a 90% completion level. The Design and Right -of -Way phases are scheduled to be completed in early 2020. The project will be advertised shortly thereafter and construction is scheduled to be completed by late 2020. Supplement Agreement #1 was previously approved to extend the completion date to December 31, 2019. Supplemental Agreement #2 extends the completion date of the KPG contract from December 31, 2019 to December 31, 2020 to complete the design/right-of-way phases and provide engineering support during the construction phase. This project is funded by a Safe Routes to School Grant and local funds. Packet Pg. 86 1.5 Attachments: KPG Supplemental Agreement Packet Pg. 87 1.5.a CPWashington State Department of Transportation Supplemental Agreement Organization and Address Number #2 KPG, PS 3131 Elliott Ave, Suite 400 Seattle, WA 98121 Original Agreement Number Phone: (206) 354-6471 Project Number Execution Date Completion Date 0365(013) May 21, 2018 December 31, 2020 Project Title New Maximum Amount Payable Citywide Crossing Enhancements $350,754.97 (no change from original contract) Description of Work Improve pedestrian safety at 9 locations within the City through signal modifications, installation of High intensity Activated CrossWalK (HAWK) signals, installation of Rectangular Rapid Flash Beacons (RRFBs), installation of new curb ramps, sidewalks, curb bulbs and center medians, and installation of new roadway channelization and signage. The work in this contract includes: survey and basemapping of the 9 sites, preliminary and final design and cost estimates, geotechnical exploration, right of way acquisition services, production of bid documents, public outreach, and WSDOT coordination. The Local Agency of City of Edmonds desires to supplement the agreement entered in to with KPG, PS and executed on May 21, 2018 and identified as Agreement No. All provisions in the basic agreement remain in effect except as expressly modified by this supplement. The changes to the agreement are described as follows: Section 1, SCOPE OF WORK, is hereby changed to read: No changes to the scope of work are proposed with this supplement. 11 Section IV, TIME FOR BEGINNING AND COMPLETION, is amended to change the number of calendar days for completion of the work to read: The revised project completion date is December 31 2020. III Section V, PAYMENT, shall be amended as follows: No changes to the maximum amount payable are proposed with this supplement. as set forth in the attached Exhibit A, and by this reference made a part of this supplement. If you concur with this supplement and agree to the changes as stated above, please sign in the Appropriate spaces below and return to this office for final action. By. Nandez Miller Sr. Project Manager Co u nt Signature 0 Approving Authority Signature Q Date DOT Form 140-063 Revised 09/2005 Packet Pg. 88 1.5.a Exhibit "A" Summary of Payments Basic Agreement Supplement #1 Supplement #2 Total Direct Salary Cost Overhead (inlcuding Payroll Additives) Direct Non -Salary Costs Fixed Fee Total $ 350,754.97 $0.00 $0.00 $ 350,754.97 Q Packet Pg. 89 1.6 City Council Agenda Item Meeting Date: 11/12/2019 Presentation of a Supplemental Agreement with WHPacific, Inc. for the 84th Ave Overlay Project Staff Lead: Rob English Department: Engineering Preparer: Rob English Background/History On June 11, 2019, this item was presented to the Public Works and Parks Committee. Staff Recommendation Forward this item to the November 19th consent agenda for City Council approval. Narrative The 84th Ave Overlay project will provide a pavement overlay on 84th Ave from 220th to 212th Streets. The project will also upgrade non -compliant ADA pedestrian curb ramps, replace a failing storm line between 216th and 220th Streets and install solar -powered pedestrian -actuated beacons for an existing mid -block crosswalk adjacent to Chase Lake Elementary School. Construction started in September and the new storm line has been installed and most of the new pedestrian curb ramps have been completed. The Contractor is expected to finish the remaining concrete work by the middle of November. The 2-inch grind and pavement overlay will be postponed until spring 2020, so the work can be completed during warm and dry weather. The duration of the project has been extended due to extra work and weather days. The consultant's budget provided inspection services for 40 working days and more time has been needed based on the contractor's progress and the authorized extra work. The proposed fee for the Supplemental Agreement is $7,487. The fee will be paid by the project funds (grant, local match and stormwater funds). Attachments: Supplemental Agreement Packet Pg. 90 1.6.a AdIft CAWashington State Department of Transportation Supplemental Agreement Organization and Address Number 1 WHPacific, Inc 19201 120th Ave NE, ste 201 Original Agreement Number Bothell, WA 98011 1 Phone: 425 951-4800 Project Number Execution Date Completion Date STPUL 2509(001) July 22,2019 June 30, 2020 Project Title New Maximum Amount Payable 84th Ave W overlay $ 102,286 Description of Work Provide construction management services. The Local Agency of City of Edmonds desires to supplement the agreement entered in to with WHPacific and executed on July,22,2019 and identified as Agreement No. 1 All provisions in the basic agreement remain in effect except as expressly modified by this supplement The changes to the agreement are described as follows: Section 1, SCOPE OF WORK, is hereby changed to read: Adds time for additional documentation reviews and closeout paperwork. 11 Section IV, TIME FOR BEGINNING AND COMPLETION, is amended to change the number of calendar days for completion of the work to read: Remains the same III Section V, PAYMENT, shall be amended as follows: Adds $7,486 to the contact see attachment Exhibit D-2 as set forth in the attached Exhibit A, and by this reference made a part of this supplement. If you concur with this supplement and agree to the changes as stated above, please sign in the Appropriate spaces below and return to this office for final action. Approving Authority Signature DOT Form 140-063 Revised 09/2005 Packet Pg. 91 1.6.a 0 0 o n ip v ti 0 v 0 O r v v v 00 U r iC N N V% 00 r 0) Cf Z W K V tR tR eta eR Va eta Va �a w Va VT Vi U U f0 f6 w 0 0 0 o v v p p O o w H H LL U U L d U o = J d w U O O O O O O O O O _m _ CL O O W O O O O O U J x x Q m o 0 o m o o o 0 0 0 00 0 o 0 6 0 O o en eta 0 N U o n y N Va EA C9 EA fA Va F, _ W C Z. L � � Q N u; ai C Q C Q 0 0 c Q O 04 U) O �� O o O 0 O o O Ooo 00 O U U W d va s9 s3 .ua Q U v a) a) LL F— M LLI LL c 0 > x O ii � N 0 } I- Z N i s XL Q O a A O A R A R O o 9 ? M W J c� W 0 0 o Z U � o �_ O2 CU U) C O N U U O U o � � �2 J f6 C_ E J N Q n O +� E Z N C c a ti o O A v LL a O O EO y W` i U U N U E (� O Q c i mCm m m O C C m m m Q m ram' U 000 a U U m LL ~ 2 C— w W Z r+K c N O o N M a uo W o J W U 0 t z s v Packet Pg. 92 1.7 City Council Agenda Item Meeting Date: 11/12/2019 Presentation of the Water Quality Stormwater Capacity grant from the Dept. of Ecology Staff Lead: Rob English Department: Engineering Preparer: Megan Luttrell Background/History None. Staff Recommendation Forward this item to the November 19th consent agenda for City Council approval. Narrative The Department of Ecology offers a grant to help local jurisdictions with meeting the requirements of their NPDES permit. The grant value offered this year, consistent with previous cycles, is $50,000 and has been offered on a 2-year cycle by Ecology since the initiation of the NPDES program. The grant is not competitive and staff did not have to identify the exact intended use for these funds, though the funds are restricted to uses which implement NPDES permit requirements. As new NPDES permit requirements come online, including a new source control requirement which creates a measureable new workload on staff, staff will adaptively implement the funding where it is applicable. Tentatively, the stormwater engineer believes this funding will be used to on -board the newly required 'source control' program, but it may be used to offset a wide variety off costs incurred to meet the NPDES permit requirements (see the list on page 7 of the attached agreement). Requirements for reimbursement are minimal and are limited to typical record keeping/documentation and two small summary reports upon completion. Attachments: DOE Grant Agreement Packet Pg. 93 DEPARTMENT OF ECOLOGY State of Washington Agreement No. WQSWCAP-1921-Edmond-00105 WATER QUALITY STORMWATER CAPACITY AGREEMENT BETWEEN THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY CITY OF EDMONDS This is a binding Agreement entered into by and between the state of Washington, Department of Ecology, hereinafter referred to as "ECOLOGY," and City of Edmonds, hereinafter referred to as the "RECIPIENT," to carry out with the provided funds activities described herein. GENERAL INFORMATION Project Title: Total Cost: Total Eligible Cost: Ecology Share: Recipient Share: The Effective Date of this Agreement is: The Expiration Date of this Agreement is no later than: Project Type: 1.7.a 2019-2021 Biennial Stormwater Capacity Grants $50,000.00 $50,000.00 $50,000.00 $0.00 07/01 /2019 03/31/2021 Capacity Grant Project Short Description: This project will assist Phase I and II Permittees in implementation or management of municipal stormwater programs Project Long Description: N/A Overall Goal: This project will improve water quality in the State of Washington by reducing stormwater pollutants discharged to state water bodies. Packet Pg. 94 State of Washington Department of Ecology Agreement No: WQSWCAP-1921-Edmond-00105 Project Title: 2019-2021 Biennial Stormwater Capacity Grants Recipient Name: City of Edmonds RECIPIENT INFORMATION Organization Name: City of Edmonds Federal Tax ID: DUNS Number: Mailing Address Physical Address: Organization Email: Contacts 91-6001244 040172827 121 5th Ave N Edmonds, WA 98115 121 5th Ave N Edmonds, Washington 98020 zachary.richardson@edmondswa.gov 1.7.a a Template Version 10/30/2015 Packet Pg. 95 State of Washington Department of Ecology Agreement No: WQSWCAP-1921-Edmond-00105 Project Title: 2019-2021 Biennial Stormwater Capacity Grants Recipient Name: City of Edmonds Project Manager Billing Contact Authorized Signatory Zachary Richardson Stormwater Engineer 121 5th Ave N Edmonds, Washington 98020 Email: zachary.richardson@edmondswa.gov Phone: (425) 771-0220 Megan Luttrell Admin Assistant 121 5th Ave N Edmonds, Washington 98020 Email: megan.luttrell@edmondswa.gov Phone: (425) 771-0220 David O Earling Mayor 121 5th Avenue North Edmonds, Washington 98020 Email: dave.earling@edmondswa.gov Phone: (425) 771-0247 1.7.a Template Version 10/30/2015 Packet Pg. 96 State of Washington Department of Ecology Agreement No: WQSWCAP-1921-Edmond-00105 Project Title: 2019-2021 Biennial Stormwater Capacity Grants Recipient Name: City of Edmonds ECOLOGY INFORMATION Mailing Address: Department of Ecology Water Quality PO BOX 47600 Olympia, WA 98504-7600 Physical Address: Water Quality 300 Desmond Drive SE Lacey, WA 98503 Contacts Project Manager Financial Manager Kyle Graunke PO Box 47600 Olympia, Washington 98504-7600 Email: kygr461@ecy.wa.gov Phone: (360) 407-6452 Kyle Graunke PO Box 47600 Olympia, Washington 98504-7600 Email: kygr461@ecy.wa.gov Phone: (360) 407-6452 Template Version 10/30/2015 Packet Pg. 97 State of Washington Department of Ecology Agreement No: WQSWCAP-1921-Edmond-00105 Project Title: 2019-2021 Biennial Stormwater Capacity Grants 1.7.a Recipient Name: City of Edmonds AUTHORIZING SIGNATURES RECIPIENT agrees to furnish the necessary personnel, equipment, materials, services, and otherwise do all things necessary for or incidental to the performance of work as set forth in this Agreement. RECIPIENT acknowledges that they had the opportunity to review the entire Agreement, including all the terms and conditions of this Agreement, Scope of Work, attachments, and incorporated or referenced documents, as well as all applicable laws, statutes, rules, regulations, and guidelines mentioned in this Agreement. Furthermore, the RECIPIENT has read, understood, and accepts all requirements contained within this Agreement. This Agreement contains the entire understanding between the parties, and there are no other understandings or representations other than as set forth, or incorporated by reference, herein. No subsequent modifications or amendments to this agreement will be of any force or effect unless in writing, signed by authorized representatives of the RECIPIENT and ECOLOGY and made a part of this agreement. ECOLOGY and RECIPIENT may change their respective staff contacts without the concurrence of either party. This Agreement shall be subject to the written approval of Ecology's authorized representative and shall not be binding until so approved. The signatories to this Agreement represent that they have the authority to execute this Agreement and bind their respective organizations to this Agreement. Washington State Department of Ecology Heather R. Bartlett Water Quality Program Manager Template Approved to Form by Attorney General's Office Date City of Edmonds David O Earling Mayor N Q Template Version 10/30/2015 Packet Pg. 98 State of Washington Department of Ecology Agreement No: WQSWCAP-1921-Edmond-00105 Project Title: 2019-2021 Biennial Stormwater Capacity Grants 1.7.a Recipient Name: City of Edmonds SCOPE OF WORK Task Number Task Title: Project Administration/Management Task Cost: $0.00 Task Description: A. The RECIPIENT shall carry out all work necessary to meet ECOLOGY grant or loan administration requirements. Responsibilities include, but are not limited to: maintenance of project records; submittal of requests for reimbursement and corresponding backup documentation; progress reports; and a recipient closeout report (including photos). B. The RECIPIENT shall maintain documentation demonstrating compliance with applicable procurement, contracting, and interlocal agreement requirements; application for, receipt of, and compliance with all required permits, licenses, easements, or property rights necessary for the project; and submittal of required performance items. C. The RECIPIENT shall manage the project. Efforts include, but are not limited to: conducting, coordinating, and scheduling project activities and assuring quality control. Every effort will be made to maintain effective communication with the RECIPIENT's designees; ECOLOGY; all affected local, state, or federal jurisdictions; and any interested individuals or groups. The RECIPIENT shall carry out this project in accordance with any completion dates outlined in this agreement. Task Goal Statement: Properly managed and fully documented project that meets ECOLOGY's grant and loan administrative requirements Task Expected Outcome: * Timely and complete submittal of requests for reimbursement, quarterly progress reports, Recipient Closeout Report, and two -page Outcome Summary Report. <br> * Properly maintained project documentation. Recipient Task Coordinator: Zachary Richardson Project Administration/Management Deliverables Number Description Due Date 1.1 Progress Reports that include descriptions of work accomplished, project challenges, and changes in the project schedule. Submitted at least quarterly in EAGL. 1.2 Recipient Closeout Report (EAGL Form). 1.3 Two -page draft and Final Outcome Summary Reports. Template Version 10/30/2015 Packet Pg. 99 State of Washington Department of Ecology Agreement No: WQSWCAP-1921-Edmond-00105 Project Title: 2019-2021 Biennial Stormwater Capacity Grants 1.7.a Recipient Name: City of Edmonds SCOPE OF WORK Task Number: Task Title: Permit Implementation Task Cost: $50,000.00 Task Description: Conduct work related to implementation of municipal stormwater National Pollutant Discharge Elimination System (NPDES) permit requirements. If the RECIPIENT is out of compliance with the municipal stormwater National Pollutant Discharge Elimination System (NPDES) permit, the RECIPIENT will ensure funds are used to attain compliance where applicable. The following is a list of elements RECIPIENT's project may include. 1) Public education and outreach activities, including stewardship activities. 2) Public involvement and participation activities. 3) Illicit discharge detection and elimination (IDDE) program activities, including: a) Mapping of municipal separate storm sewer systems (MS4s). b) Staff training. c) Activities to identify and remove illicit stormwater discharges. d) Field screening procedures. e) Complaint hotline database or tracking system improvements. 4) Activities to support programs to control runoff from new development, redevelopment, and construction sites, including: a) Development of an ordinance and associated technical manual or update of applicable codes. b) Inspections before, during, and upon completion of construction, or for post -construction long-term maintenance. c) Training for plan review or inspection staff. d) Participation in applicable watershed planning effort. 5) Pollution prevention, good housekeeping, and operation and maintenance program activities, such as: a) Inspecting and/or maintaining the MS4 infrastructure. b) Developing and/or implementing policies, procedures, or stormwater pollution prevention plans at municipal properties or facilities. 6) Annual reporting activities. 7) Establishing and refining stormwater utilities, including stable rate structures. 8) Water quality monitoring to implement permit requirements for a Water Cleanup Plan (TMDL). Note that any monitoring funded by this program requires submittal of a Quality Assurance Project Plan (QAPP) that the DEPARMENT approves prior to awarding funding for monitoring. Monitoring, including: a) Development of applicable QAPPs. b) Monitoring activities, in accordance with a DEPARTMENT- approved QAPP, to meet Phase I/II permit requirements. 9) Structural stormwater controls program activities (Phase I permit requirement) 10) Source control for existing development (Phase I permit requirement), including: a) Inventory and inspection program. b) Technical assistance and enforcement. c) Staff training. 11) Equipment purchases that result directly in improved permit compliance. Equipment purchases must be specific to implementing a permit requirement (such as a vactor truck) rather than general use (such as a pick-up truck). Equipment Template Version 10/30/2015 Packet Pg. 100 State of Washington Department of Ecology Agreement No: WQSWCAP-1921-Edmond-00105 Project Title: 2019-2021 Biennial Stormwater Capacity Grants 1.7.a Recipient Name: City of Edmonds purchases over $5,000 must be pre -approved by Ecology. Documentation of all tasks completed is required. Documentation may include: field reports, dates and number of inspections conducted, dates of trainings held and participant lists, number of illicit discharges investigated and removed, summaries of planning, stormwater utility or procedural updates, annual reports, copies of approved QAPPs, summaries of structural or source control activities, summaries of how equipment purchases have increased or improved permit compliance. Capital construction projects, incentives or give -a -ways, grant application preparation, TAPE review for proprietary treatment systems, or tasks that do not support Municipal Stormwater Permit implementation are not eligible expenses. Task Goal Statement: This task will improve water quality in the State of Washington by reducing the pollutants delivered by stormwater to lakes, streams, and the Puget Sound by implementing measures required by Phase I and II NPDES permits. Task Expected Outcome: RECIPIENTS will implement measures required by Phase I and II NPDES permits. Recipient Task Coordinator: Zachary Richardson Permit Implementation Deliverables Number Description Due Date 2.1 Documentation of tasks completed Template Version 10/30/2015 Packet Pg. 101 State of Washington Department of Ecology Agreement No: WQSWCAP-1921-Edmond-00105 Project Title: 2019-2021 Biennial Stormwater Capacity Grants Recipient Name: City of Edmonds BUDGET Funding Distribution EG200189 NOTE: The above funding distribution number is used to identify this specific agreement and budget on payment remittances and may be referenced on other communications from ECOLOGY. Your agreement may have multiple funding distribution numbers to identify each budget. Funding Title: Funding Effective Date Funding Source: Title: Type: Funding Source %: Description: 1921 stormwater capacity 07/01 /2019 Funding Type: Funding Expiration Date: Model Toxics Control Operating Account (MTCOA) State 100% Cap Grants-MTC Operating Approved Indirect Costs Rate: Approved State Indirect Rate: 30% Recipient Match %: 0% InKind Interlocal Allowed: No InKind Other Allowed: No Is this Funding Distribution used to match a federal grant? No 1921 stormwater capacity Task Total Permit Implementation $ 50,000.00 Total: $ 50,000.00 Grant 03/31 /2021 1.7.a Template Version 10/30/2015 Packet Pg. 102 State of Washington Department of Ecology Agreement No: WQSWCAP-1921-Edmond-00105 Project Title: 2019-2021 Biennial Stormwater Capacity Grants 1.7.a Recipient Name: City of Edmonds Funding Distribution Summary Recipient / Ecology Share Funding Distribution Name Recipient Match % Recipient Share Ecology Share Total 1921 stormwater capacity 0.00 % $ 0.00 $ 50,000.00 $ 50,000.( Total $ 0.00 $ 50,000.00 $ 50,000.1 AGREEMENT SPECIFIC TERMS AND CONDITIONS N/A SPECIAL TERMS AND CONDITIONS GENERAL FEDERAL CONDITIONS If a portion or all of the funds for this agreement are provided through federal funding sources or this agreement is used to match a federal grant award, the following terms and conditions apply to you. A. CERTIFICATION REGARDING SUSPENSION, DEBARMENT, INELIGIBILITY OR VOLUNTARY EXCLUSION: 1. The RECIPIENT/CONTRACTOR, by signing this agreement, certifies that it is not suspended, debarred, proposed for debarment, declared ineligible or otherwise excluded from contracting with the federal government, or from receiving contracts paid for with federal funds. If the RECIPIENT/CONTRACTOR is unable to certify to the statements contained in the certification, they must provide an explanation as to why they cannot. 2. The RECIPIENT/CONTRACTOR shall provide immediate written notice to ECOLOGY if at any time the RECIPIENT/CONTRACTOR learns that its certification was erroneous when submitted or had become erroneous by reason of changed circumstances. 3. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meaning set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact ECOLOGY for assistance in obtaining a copy of those regulations. 4. The RECIPIENT/CONTRACTOR agrees it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under the applicable Code of Federal Regulations, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction. 5. The RECIPIENT/CONTRACTOR further agrees by signing this agreement, that it will include this clause titled "CERTIFICATION REGARDING SUSPENSION, DEBARMENT, INELIGIBILITY OR VOLUNTARY EXCLUSION" without modification in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 6. Pursuant to 2CFR180.330, the RECIPIENT/CONTRACTOR is responsible for ensuring that any lower tier covered transaction complies with certification of suspension and debarment requirements. a 7. RECIPIENT/CONTRACTOR acknowledges that failing to disclose the information required in the Code of Federal Template Version 10/30/2015 Packet Pg. 103 State of Washington Department of Ecology Agreement No: WQSWCAP-1921-Edmond-00105 Project Title: 2019-2021 Biennial Stormwater Capacity Grants 1.7.a Recipient Name: City of Edmonds Regulations may result in the delay or negation of this funding agreement, or pursuance of legal remedies, including suspension and debarment. 8. RECIPIENT/CONTRACTOR agrees to keep proof in its agreement file, that it, and all lower tier recipients or contractors, are not suspended or debarred, and will make this proof available to ECOLOGY before requests for reimbursements will be approved for payment. RECIPIENT/CONTRACTOR must run a search in <hgp://www.sam.izov> and print a copy of completed searches to document proof of compliance. B. FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA) REPORTING REQUIREMENTS: CONTRACTOR/RECIPIENT must complete the FFATA Data Collection Form (ECY 070-395) and return it with the signed agreement to ECOLOGY. Any CONTRACTOR/RECIPIENT that meets each of the criteria below must report compensation for its five top executives using the FFATA Data Collection Form. Receives more than $25,000 in federal funds under this award. • Receives more than 80 percent of its annual gross revenues from federal funds. Receives more than $25,000,000 in annual federal funds. Ecology will not pay any invoices until it has received a completed and signed FFATA Data Collection Form. Ecology is required to report the FFATA information for federally funded agreements, including the required DUNS number, at www.fsrs. og v <hqp://www.fsrs.go� within 30 days of agreement signature. The FFATA information will be available to the public at www.usaspending.gov <http://www.usaspending.gov/>. For more details on FFATA requirements, see www.fsrs. og v <http://www.fsrs.gov/>. Template Version 10/30/2015 Packet Pg. 104 State of Washington Department of Ecology Agreement No: WQSWCAP-1921-Edmond-00105 Project Title: 2019-2021 Biennial Stormwater Capacity Grants 1.7.a Recipient Name: City of Edmonds GENERAL TERMS AND CONDITIONS Pertaining to Grant and Loan Agreements With the state of Washington, Department of Ecology GENERAL TERMS AND CONDITIONS AS OF LAST UPDATED 7-1-2019 VERSION 1. ADMINISTRATIVE REQUIREMENTS a) RECIPIENT shall follow the "Administrative Requirements for Recipients of Ecology Grants and Loans — EAGL Edition." (https:Hfortress.wa.gov/ecy/publications/SummaryPages/ 1701004.html) b) RECIPIENT shall complete all activities funded by this Agreement and be fully responsible for the proper management of al funds and resources made available under this Agreement. c) RECIPIENT agrees to take complete responsibility for all actions taken under this Agreement, including ensuring all subgrantees and contractors comply with the terms and conditions of this Agreement. ECOLOGY reserves the right to request proof of compliance by subgrantees and contractors. d) RECIPIENT's activities under this Agreement shall be subject to the review and approval by ECOLOGY for the extent and character of all work and services. 2. AMENDMENTS AND MODIFICATIONS This Agreement may be altered, amended, or waived only by a written amendment executed by both parties. No subsequent modification(s) or amendment(s) of this Agreement will be of any force or effect unless in writing and signed by authorized representatives of both parties. ECOLOGY and the RECIPIENT may change their respective staff contacts and administrative information without the concurrence of either party. 3. ACCESSIBILITY REQUIREMENTS FOR COVERED TECHNOLOGY The RECIPIENT must comply with the Washington State Office of the Chief Information Officer, OCIO Policy no. 188, Accessibility (https://ocio.wa.gov/policy/accessibility) as it relates to "covered technology." This requirement applies to all products supplied under the agreement, providing equal access to information technology by individuals with disabilities, including and not limited to web sites/pages, web -based applications, software systems, video and audio content, and electronic documents intended for publishing on Ecology's public web site. 4. ARCHAEOLOGICAL AND CULTURAL RESOURCES RECIPIENT shall take reasonable action to avoid, minimize, or mitigate adverse effects to archeological and historic resources The RECIPIENT must agree to hold harmless the State of Washington in relation to any claim related to historical or cultural artifacts discovered, disturbed, or damaged due to the RECIPIENT's project funded under this Agreement. RECIPIENT shall: a) Contact the ECOLOGY Program issuing the grant or loan to discuss any Cultural Resources requirements for their project: • For capital construction projects or land acquisitions for capital construction projects, if required, comply with Governor Executive Order 05-05, Archaeology and Cultural Resources. • For projects with any federal involvement, if required, comply with the National Historic Preservation Act. • Any cultural resources federal or state requirements must be completed prior to the start of any work on the project site. b) If required by the ECOLOGY Program, submit an Inadvertent Discovery Plan (IDP) to ECOLOGY prior to implementing any project that involves ground disturbing activities. ECOLOGY will provide the IDP form. RECIPIENT shall: • Keep the IDP at the project site. a Template Version 10/30/2015 Packet Pg. 105 State of Washington Department of Ecology Agreement No: WQSWCAP-1921-Edmond-00105 Project Title: 2019-2021 Biennial Stormwater Capacity Grants 1.7.a Recipient Name: City of Edmonds • Make the IDP readily available to anyone working at the project site. • Discuss the IDP with staff and contractors working at the project site. • Implement the IDP when cultural resources or human remains are found at the project site. c) If any archeological or historic resources are found while conducting work under this Agreement: • Immediately stop work and notify the ECOLOGY Program, the Department of Archaeology and Historic Preservation at (360) 586-3064, any affected Tribe, and the local government. d) If any human remains are found while conducting work under this Agreement: • Immediately stop work and notify the local Law Enforcement Agency or Medical Examiner/Coroner's Office, and then the ECOLOGY Program. e) Comply with RCW 27.53, RCW 27.44.055, and RCW 68.50.645, and all other applicable local, state, and federal laws protecting cultural resources and human remains. 5. ASSIGNMENT No right or claim of the RECIPIENT arising under this Agreement shall be transferred or assigned by the RECIPIENT 6. COMMUNICATION RECIPIENT shall make every effort to maintain effective communications with the RECIPIENT's designees, ECOLOGY, all affected local, state, or federal jurisdictions, and any interested individuals or groups. 7. COMPENSATION a) Any work performed prior to effective date of this Agreement will beat the sole expense and risk of the RECIPIENT. ECOLOGY must sign the Agreement before any payment requests can be submitted. b) Payments will be made on a reimbursable basis for approved and completed work as specified in this Agreement. c) RECIPIENT is responsible to determine if costs are eligible. Any questions regarding eligibility should be clarified with ECOLOGY prior to incurring costs. Costs that are conditionally eligible require approval by ECOLOGY prior to expenditure. d) RECIPIENT shall not invoice more than once per month unless agreed on by ECOLOGY. e) ECOLOGY will not process payment requests without the proper reimbursement forms, Progress Report and supporting documentation. ECOLOGY will provide instructions for submitting payment requests. f) ECOLOGY will pay the RECIPIENT thirty (30) days after receipt of a properly completed request for payment. g) RECIPIENT will receive payment through Washington State's Office of Financial Management's Statewide Payee Desk. To receive payment you must register as a statewide vendor by submitting a statewide vendor registration form and an IRS W -9 form at website, https:Hofin.wa.gov/it-systems/statewide-vendorpayee-services. If you have questions about the vendor registration process, you can contact Statewide Payee Help Desk at (360) 407-8180 or email PayeeRegistration@ofm.wa.gov. h) ECOLOGY may, at its sole discretion, withhold payments claimed by the RECIPIENT if the RECIPIENT fails to satisfactorily comply with any term or condition of this Agreement. i) Monies withheld by ECOLOGY may be paid to the RECIPIENT when the work described herein, or a portion thereof, has been completed if, at ECOLOGY's sole discretion, such payment is reasonable and approved according to this Agreement, as appropriate, or upon completion of an audit as specified herein. j) RECIPIENT must submit within thirty (30) days after the expiration date of this Agreement, all financial, performance, and other reports required by this agreement. Failure to comply may result in delayed reimbursement. a 8. COMPLIANCE WITH ALL LAWS RECIPIENT agrees to comply fully with all applicable federal, state and local laws, orders, regulations, and permits related to this Agreement, including but not limited to: a) RECIPIENT agrees to comply with all applicable laws, regulations, and policies of the United States and the State of Template Version 10/30/2015 Packet Pg. 106 State of Washington Department of Ecology Agreement No: WQSWCAP-1921-Edmond-00105 Project Title: 2019-2021 Biennial Stormwater Capacity Grants 1.7.a Recipient Name: City of Edmonds Washington which affect wages and job safety. b) RECIPIENT agrees to be bound by all applicable federal and state laws, regulations, and policies against discrimination. c) RECIPIENT certifies full compliance with all applicable state industrial insurance requirements. d) RECIPIENT agrees to secure and provide assurance to ECOLOGY that all the necessary approvals and permits required by authorities having jurisdiction over the project are obtained. RECIPIENT must include time in their project timeline for the permit and approval processes. ECOLOGY shall have the right to immediately terminate for cause this Agreement as provided herein if the RECIPIENT fails to comply with above requirements. If any provision of this Agreement violates any statute or rule of law of the state of Washington, it is considered modified to conform to that statute or rule of law. 9. CONFLICT OF INTEREST RECIPIENT and ECOLOGY agree that any officer, member, agent, or employee, who exercises any function or responsibility in the review, approval, or carrying out of this Agreement, shall not have any personal or financial interest, direct or indirect, nor affect the interest of any corporation, partnership, or association in which he/she is a part, in this Agreement or the proceeds thereof. 10. CONTRACTING FOR GOODS AND SERVICES RECIPIENT may contract to buy goods or services related to its performance under this Agreement. RECIPIENT shall award all contracts for construction, purchase of goods, equipment, services, and professional architectural and engineering services through a competitive process, if required by State law. RECIPIENT is required to follow procurement procedures that ensure legal, fair, and open competition. RECIPIENT must have a standard procurement process or follow current state procurement procedures. RECIPIENT may be required to provide written certification that they have followed their standard procurement procedures and applicable state law in awarding contracts under this Agreement. ECOLOGY reserves the right to inspect and request copies of all procurement documentation, and review procurement practices related to this Agreement. Any costs incurred as a result of procurement practices not in compliance with state procurement law or the RECIPIENT's normal procedures may be disallowed at ECOLOGY's sole discretion. 11. DISPUTES When there is a dispute with regard to the extent and character of the work, or any other matter related to this Agreement the determination of ECOLOGY will govern, although the RECIPIENT shall have the right to appeal decisions as provided for below: a) RECIPIENT notifies the funding program of an appeal request. b) Appeal request must be in writing and state the disputed issue(s). c) RECIPIENT has the opportunity to be heard and offer evidence in support of its appeal. d) ECOLOGY reviews the RECIPIENT's appeal. e) ECOLOGY sends a written answer within ten (10) business days, unless more time is needed, after concluding the review. The decision of ECOLOGY from an appeal will be final and conclusive, unless within thirty (30) days from the date of such decision, the RECIPIENT furnishes to the Director of ECOLOGY a written appeal. The decision of the Director or duly authorized representative will be final and conclusive. The parties agree that this dispute process will precede any action in a judicial or quasi-judicial tribunal. Appeals of the Director's decision will be brought in the Superior Court of Thurston County. Review of the Director's decision will not be taken to Environmental and Land Use Hearings Office. Pending final decision of a dispute, the RECIPIENT agrees to proceed diligently with the performance of this Agreement and in Template Version 10/30/2015 Packet Pg. 107 State of Washington Department of Ecology Agreement No: WQSWCAP-1921-Edmond-00105 Project Title: 2019-2021 Biennial Stormwater Capacity Grants 7.a Recipient Name: City of Edmonds accordance with the decision rendered. Nothing in this Agreement will be construed to limit the parties' choice of another mutually acceptable method, in addition to the dispute resolution procedure outlined above. 12. ENVIRONMENTAL DATA STANDARDS a) RECIPIENT shall prepare a Quality Assurance Project Plan (QAPP) for a project that collects or uses environmental measurement data. RECIPIENTS unsure about whether a QAPP is required for their project shall contact the ECOLOGY Program issuing the grant or loan. If a QAPP is required, the RECIPIENT shall: • Use ECOLOGY's QAPP Template/Checklist provided by the ECOLOGY, unless ECOLOGY Quality Assurance (QA) officer or the Program QA coordinator instructs otherwise. • Follow ECOLOGY's Guidelines for Preparing Quality Assurance Project Plans for Environmental Studies, July 2004 (Ecology Publication No. 04-03-030). • Submit the QAPP to ECOLOGY for review and approval before the start of the work. b) RECIPIENT shall submit environmental data that was collected on a project to ECOLOGY using the Environmental Information Management system (EIM), unless the ECOLOGY Program instructs otherwise. The RECIPIENT must confirm with ECOLOGY that complete and correct data was successfully loaded into EIM, find instructions at: http://www.ecy.wa.gov/eim. c) RECIPIENT shall follow ECOLOGY's data standards when Geographic Information System (GIS) data is collected and processed. Guidelines for Creating and Accessing GIS Data are available at: https:Hecology.wa.gov/Research-Data/Data-resources/Geographic-Information-Systems-GIS/Standards. RECIPIENT, when requested by ECOLOGY, shall provide copies to ECOLOGY of all final GIS data layers, imagery, related tables, raw data collection files, map products, and all metadata and project documentation. 13. GOVERNING LAW This Agreement will be governed by the laws of the State of Washington, and the venue of any action brought hereunder will be in the Superior Court of Thurston County. 14. INDEMNIFICATION ECOLOGY will in no way be held responsible for payment of salaries, consultant's fees, and other costs related to the project described herein, except as provided in the Scope of Work. a To the extent that the Constitution and laws of the State of Washington permit, each party will indemnify and hold the other harmless from and against any liability for any or all injuries to persons or property arising from the negligent act or omission of E that party or that party's agents or employees arising out of this Agreement. a 15. INDEPENDENT STATUS c�c L The employees, volunteers, or agents of each parry who are engaged in the performance of this Agreement will continue to be w employees, volunteers, or agents of that party and will not for any purpose be employees, volunteers, or agents of the other o party. m E 16. KICKBACKS RECIPIENT is prohibited from inducing by any means any person employed or otherwise involved in this Agreement to give up Q any part of the compensation to which he/she is otherwise entitled to or receive any fee, commission, or gift in return for award of a subcontract hereunder. 17. MINORITY AND WOMEN'S BUSINESS ENTERPRISES (MWBE) Template Version 10/30/2015 Packet Pg. 108 State of Washington Department of Ecology Agreement No: WQSWCAP-1921-Edmond-00105 Project Title: 2019-2021 Biennial Stormwater Capacity Grants 1.7.a Recipient Name: City of Edmonds RECIPIENT is encouraged to solicit and recruit, to the extent possible, certified minority -owned (MBE) and women -owned (WBE) businesses in purchases and contracts initiated under this Agreement. Contract awards or rejections cannot be made based on MWBE participation; however, the RECIPIENT is encouraged to take the following actions, when possible, in any procurement under this Agreement: a) Include qualified minority and women's businesses on solicitation lists whenever they are potential sources of goods or services. b) Divide the total requirements, when economically feasible, into smaller tasks or quantities, to permit maximum participation by qualified minority and women's businesses. c) Establish delivery schedules, where work requirements permit, which will encourage participation of qualified minority and women's businesses. d) Use the services and assistance of the Washington State Office of Minority and Women's Business Enterprises (OMWBE) (866-208-1064) and the Office of Minority Business Enterprises of the U.S. Department of Commerce, as appropriate. 18. ORDER OF PRECEDENCE In the event of inconsistency in this Agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following order: (a) applicable federal and state statutes and regulations; (b) The Agreement; (c) Scope of Work; (d) Special Terms and Conditions; (e) Any provisions or terms incorporated herein by reference, including the "Administrative Requirements for Recipients of Ecology Grants and Loans"; (f) Ecology Funding Program Guidelines; and (g) General Terms and Conditions. 19. PRESENTATION AND PROMOTIONAL MATERIALS ECOLOGY reserves the right to approve RECIPIENT's communication documents and materials related to the fulfillment of this Agreement: a) If requested, RECIPIENT shall provide a draft copy to ECOLOGY for review and approval ten (10) business days prior to production and distribution. b) RECIPIENT shall include time for ECOLOGY's review and approval process in their project timeline. c) If requested, RECIPIENT shall provide ECOLOGY two (2) final copies and an electronic copy of any tangible products developed. Copies include any printed materials, and all tangible products developed such as brochures, manuals, pamphlets, videos, audio tapes, CDs, curriculum, posters, media announcements, or gadgets with a message, such as a refrigerator magnet, and any online communications, such as web pages, blogs, and twitter campaigns. If it is not practical to provide a copy, then the RECIPIENT shall provide a description (photographs, drawings, printouts, etc.) that best represents the item. Any communications intended for public distribution that uses ECOLOGY's logo shall comply with ECOLOGY's graphic requirements and any additional requirements specified in this Agreement. Before the use of ECOLOGY's logo contact ECOLOGY for guidelines. RECIPIENT shall acknowledge in the communications that funding was provided by ECOLOGY. 20. PROGRESS REPORTING a) RECIPIENT must satisfactorily demonstrate the timely use of funds by submitting payment requests and progress reports to ECOLOGY. ECOLOGY reserves the right to amend or terminate this Agreement if the RECIPIENT does not document timely use of funds. b) RECIPIENT must submit a progress report with each payment request. Payment requests will not be processed without a progress report. ECOLOGY will define the elements and frequency of progress reports. c) RECIPIENT shall use ECOLOGY's provided progress report format. d) Quarterly progress reports will cover the periods from January 1 through March 31, April 1 through June 30, July 1 through Q Template Version 10/30/2015 Packet Pg. 109 State of Washington Department of Ecology Agreement No: WQSWCAP-1921-Edmond-00105 Project Title: 2019-2021 Biennial Stormwater Capacity Grants 1.7.a Recipient Name: City of Edmonds September 30, and October 1 through December 31. Reports shall be submitted within thirty (30) days after the end of the quarter being reported. e) RECIPIENT must submit within thirty (30) days of the expiration date of the project, unless an extension has been approved by ECOLOGY, all financial, performance, and other reports required by the agreement and funding program guidelines. RECIPIENT shall use the ECOLOGY provided closeout report format. 21. PROPERTY RIGHTS a) Copyrights and Patents. When the RECIPIENT creates any copyrightable materials or invents any patentable property under this Agreement, the RECIPIENT may copyright or patent the same but ECOLOGY retains a royalty free, nonexclusive, and irrevocable license to reproduce, publish, recover, or otherwise use the material(s) or property, and to authorize others to use the same for federal, state, or local government purposes. b) Publications. When the RECIPIENT or persons employed by the RECIPIENT use or publish ECOLOGY information; present papers, lectures, or seminars involving information supplied by ECOLOGY; or use logos, reports, maps, or other data in printed reports, signs, brochures, pamphlets, etc., appropriate credit shall be given to ECOLOGY. c) Presentation and Promotional Materials. ECOLOGY shall have the right to use or reproduce any printed or graphic materials produced in fulfillment of this Agreement, in any manner ECOLOGY deems appropriate. ECOLOGY shall acknowledge the RECIPIENT as the sole copyright owner in every use or reproduction of the materials. d) Tangible Property Rights. ECOLOGY's current edition of "Administrative Requirements for Recipients of Ecology Grants and Loans," shall control the use and disposition of all real and personal property purchased wholly or in part with funds furnished by ECOLOGY in the absence of state and federal statutes, regulations, or policies to the contrary, or upon specific instructions with respect thereto in this Agreement. e) Personal Property Furnished by ECOLOGY. When ECOLOGY provides personal property directly to the RECIPIENT for use in performance of the project, it shall be returned to ECOLOGY prior to final payment by ECOLOGY. If said property is lost, stolen, or damaged while in the RECIPIENT's possession, then ECOLOGY shall be reimbursed in cash or by setoff by the RECIPIENT for the fair market value of such property. f) Acquisition Projects. The following provisions shall apply if the project covered by this Agreement includes funds for the acquisition of land or facilities: 1. RECIPIENT shall establish that the cost is fair value and reasonable prior to disbursement of funds provided for in this Agreement. 2. RECIPIENT shall provide satisfactory evidence of title or ability to acquire title for each parcel prior to disbursement of funds provided by this Agreement. Such evidence may include title insurance policies, Torrens certificates, or abstracts, and attorney's opinions establishing that the land is free from any impediment, lien, or claim which would impair the uses intended b, this Agreement. g) Conversions. Regardless of the Agreement expiration date, the RECIPIENT shall not at any time convert any equipment, property, or facility acquired or developed under this Agreement to uses other than those for which assistance was originally approved without prior written approval of ECOLOGY. Such approval may be conditioned upon payment to ECOLOGY of that portion of the proceeds of the sale, lease, or other conversion or encumbrance which monies granted pursuant to this Agreement bear to the total acquisition, purchase, or construction costs of such property. 22. RECORDS, AUDITS, AND INSPECTIONS RECIPIENT shall maintain complete program and financial records relating to this Agreement, including any engineering documentation and field inspection reports of all construction work accomplished. All records shall: a) Be kept in a manner which provides an audit trail for all expenditures. b) Be kept in a common file to facilitate audits and inspections. c) Clearly indicate total receipts and expenditures related to this Agreement. Q Template Version 10/30/2015 Packet Pg. 110 State of Washington Department of Ecology Agreement No: WQSWCAP-1921-Edmond-00105 Project Title: 2019-2021 Biennial Stormwater Capacity Grants Recipient Name: City of Edmonds d) Be open for audit or inspection by ECOLOGY, or by any duly authorized audit representative of the State of Washington, for a period of at least three (3) years after the final grant payment or loan repayment, or any dispute resolution hereunder. RECIPIENT shall provide clarification and make necessary adjustments if any audits or inspections identify discrepancies in the records. ECOLOGY reserves the right to audit, or have a designated third party audit, applicable records to ensure that the state has been properly invoiced. Any remedies and penalties allowed by law to recover monies determined owed will be enforced. Repetitive instances of incorrect invoicing or inadequate records may be considered cause for termination. All work performed under this Agreement and any property and equipment purchased shall be made available to ECOLOGY and to any authorized state, federal or local representative for inspection at any time during the course of this Agreement and for at least three (3) years following grant or loan termination or dispute resolution hereunder. RECIPIENT shall provide right of access to ECOLOGY, or any other authorized representative, at all reasonable times, in order to monitor and evaluate performance, compliance, and any other conditions under this Agreement. 23. RECOVERY OF FUNDS The right of the RECIPIENT to retain monies received as reimbursement payments is contingent upon satisfactory performance of this Agreement and completion of the work described in the Scope of Work. All payments to the RECIPIENT are subject to approval and audit by ECOLOGY, and any unauthorized expenditure(s) or unallowable cost charged to this Agreement shall be refunded to ECOLOGY by the RECIPIENT. RECIPIENT shall refund to ECOLOGY the full amount of any erroneous payment or overpayment under this Agreement. RECIPIENT shall refund by check payable to ECOLOGY the amount of any such reduction of payments or repayments within thirty (30) days of a written notice. Interest will accrue at the rate of twelve percent (12%) per year from the time ECOLOGY demands repayment of funds. Any property acquired under this Agreement, at the option of ECOLOGY, may become ECOLOGY's property and the RECIPIENT's liability to repay monies will be reduced by an amount reflecting the fair value of such property. 24. SEVERABILITY If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision, and to this end the provisions of this Agreement are declared to be severable. 25. STATE ENVIRONMENTAL POLICY ACT (SEPA) RECIPIENT must demonstrate to ECOLOGY's satisfaction that compliance with the requirements of the State Environmental Policy Act (Chapter 43.21C RCW and Chapter 197-11 WAC) have been or will be met. Any reimbursements are subject to this provision. 26. SUSPENSION When in the best interest of ECOLOGY, ECOLOGY may at any time, and without cause, suspend this Agreement or any portion thereof for a temporary period by written notice from ECOLOGY to the RECIPIENT. RECIPIENT shall resume performance on the next business day following the suspension period unless another day is specified by ECOLOGY. 27. SUSTAINABLE PRACTICES In order to sustain Washington's natural resources and ecosystems, the RECIPIENT is fully encouraged to implement sustainable practices and to purchase environmentally preferable products under this Agreement. a) Sustainable practices may include such activities as: use of clean energy, use of double -sided printing, hosting low impact meetings, and setting up recycling and composting programs. b) Purchasing may include such items as: sustainably produced products and services, EPEAT registered computers and Template Version 10/30/2015 Packet Pg. 111 State of Washington Department of Ecology Agreement No: WQSWCAP-1921-Edmond-00105 Project Title: 2019-2021 Biennial Stormwater Capacity Grants Recipient Name: City of Edmonds imaging equipment, independently certified green cleaning products, remanufactured toner cartridges, products with reduced packaging, office products that are refillable, rechargeable, and recyclable, 100% post -consumer recycled paper, and toxic free products. For more suggestions visit ECOLOGY's web page, Green Purchasing, http s:Hecology.wa. gov/Regulations-Permits/Guidance-technical-assistance/Sustainable-purchasing. 28. TERMINATION a) For Cause ECOLOGY may terminate for cause this Agreement with a seven (7) calendar days prior written notification to the RECIPIENT, at the sole discretion of ECOLOGY, for failing to perform an Agreement requirement or for a material breach of any term or condition. If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination. Failure to Commence Work. ECOLOGY reserves the right to terminate this Agreement if RECIPIENT fails to commence work on the project funded within four (4) months after the effective date of this Agreement, or by any date mutually agreed upon in writing for commencement of work, or the time period defined within the Scope of Work. Non -Performance. The obligation of ECOLOGY to the RECIPIENT is contingent upon satisfactory performance by the RECIPIENT of all of its obligations under this Agreement. In the event the RECIPIENT unjustifiably fails, in the opinion of ECOLOGY, to perform any obligation required of it by this Agreement, ECOLOGY may refuse to pay any further funds, terminate in whole or in part this Agreement, and exercise any other rights under this Agreement. Despite the above, the RECIPIENT shall not be relieved of any liability to ECOLOGY for damages sustained by ECOLOGY and the State of Washington because of any breach of this Agreement by the RECIPIENT. ECOLOGY may withhold payments for the purpose of setoff until such time as the exact amount of damages due ECOLOGY from the RECIPIENT is determined. b) For Convenience ECOLOGY may terminate for convenience this Agreement, in whole or in part, for any reason when it is the best interest of ECOLOGY, with a thirty (30) calendar days prior written notification to the RECIPIENT, except as noted below. If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination. Non -Allocation of Funds. ECOLOGY's ability to make payments is contingent on availability of funding. In the event funding from state, federal or other sources is withdrawn, reduced, or limited in any way after the effective date and prior to the completion or expiration date of this Agreement, ECOLOGY, at its sole discretion, may elect to terminate the Agreement, in whole or part, or renegotiate the Agreement, subject to new funding limitations or conditions. ECOLOGY may also elect to suspend performance of the Agreement until ECOLOGY determines the funding insufficiency is resolved. ECOLOGY may exercise any of these options with no notification or restrictions, although ECOLOGY will make a reasonable attempt to provide notice. In the event of termination or suspension, ECOLOGY will reimburse eligible costs incurred by the RECIPIENT through the effective date of termination or suspension. Reimbursed costs must be agreed to by ECOLOGY and the RECIPIENT. In no event shall ECOLOGY's reimbursement exceed ECOLOGY's total responsibility under the agreement and any amendments. If payments have been discontinued by ECOLOGY due to unavailable funds, the RECIPIENT shall not be obligated to repay monies which had been paid to the RECIPIENT prior to such termination. RECIPIENT's obligation to continue or complete the work described in this Agreement shall be contingent upon availability of funds by the RECIPIENT's governing body. Q c) By Mutual Agreement Template Version 10/30/2015 Packet Pg. 112 State of Washington Department of Ecology Agreement No: WQSWCAP-1921-Edmond-00105 Project Title: 2019-2021 Biennial Stormwater Capacity Grants a Recipient Name: City of Edmonds ECOLOGY and the RECIPIENT may terminate this Agreement, in whole or in part, at any time, by mutual written agreement. d) In Event of Termination All finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports or other materials prepared by the RECIPIENT under this Agreement, at the option of ECOLOGY, will become property of ECOLOGY and the RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials. Nothing contained herein shall preclude ECOLOGY from demanding repayment of all funds paid to the RECIPIENT in accordance with Recovery of Funds, identified herein. 29. THIRD PARTY BENEFICIARY RECIPIENT shall ensure that in all subcontracts entered into by the RECIPIENT pursuant to this Agreement, the state of Washington is named as an express third party beneficiary of such subcontracts with full rights as such. 30. WAIVER Waiver of a default or breach of any provision of this Agreement is not a waiver of any subsequent default or breach, and will not be construed as a modification of the terms of this Agreement unless stated as such in writing by the authorized representative of ECOLOGY. Template Version 10/30/2015 Packet Pg. 113 2.1 City Council Agenda Item Meeting Date: 11/12/2019 EPFD Financial Update Staff Lead: Scott James Department: Administrative Services Preparer: Scott James Background/History The City of Edmonds and the Edmonds Public Facilities District (EPFD) have entered into a Contingent Loan Agreement (CLA). Section 5.4 (2) of the CLA calls for the EPFD to present a quarterly Financial Update Presentation to Council Finance Committee. Staff Recommendation Narrative Staff of the EFPD will present their quarterly financial report to Council Finance Committee. Attachments: OCT CHANGES IN NET POSITION 2019 Packet Pg. 114 2.1.a Edmonds Public Facilities District Statement of Revenue, Expenses and Changes in Net Position For the Six Month Period Ending October 31, 2019 % of 10/31/2019 10/31/2018 Difference Budget2019 Budget2019 EPFD/ECA OPERATING PERFORMANCE Operating Revenues: $ 2,161,260 $ 2,293,389 $ (132,128) $ 2,762,000 78.25% Operating Expenses: $ 2,349,564 $ 2,273,817 $ (75,748) $ 2,762,000 85.07% Operating Income (Loss) (188,304) $ 19,572 $ (207,876) $ - - Non -Operating Revenues: Non -Operating Expenses: Non -Operating Income (Loss) TOTAL NET INCOME (LOSS) BEGINNING NET POSITION END OF Period NET POSITION EPFD/ECA NON -OPERATING PERFORMANCE $ 845,004 $ 1,133,233 $ 65,649 $ 1,018,000 83.01% (676,568) $ (663,560) $ (366,885) $ (802,000) 84.36% $ 168,437 $ 469,673 $ (301,236) $ 216,000 EPFD/ECA CONSOLIDATED FINANCIAL PERFORMANCE (19,867; $ 489,245 (509,112) $ 216,000 $ 3,352,455 $ 2,969,130 $ 3,332,587 $ 3,458,375 Packet Pg. 115 2.1.a Operating Revenues: Ticket Sales and Fees Rentals Education and Outreach Concessions Contributions Advertising Historic Facility Preservation Fee Total Operating Revenue Operating Expenses: Artist Presentations and Theatre Rentals Advertising and Marketing Education and Outreach Development Payroll, Taxes and Employee Benefits Facilities Maintenance and Utilities Contracted Services Supplies and Other Operating Expenses Total Operating Expenses Operating Income (Loss) Non -operating Revenue and (Expenses): Intergovernmental Revenue* Grant Revenue Interest Expense Interest Earned Loss/Gain on Stock Realized Depreciation** Non -Operating Income (Loss) TOTAL NET INCOME (LOSS) BEGINNING NET POSITION END OF Period NET POSITION Difference due to rounding Edmonds Public Facilities District Statement of Revenue, Expenses and Changes in Net Position For the Sixth Month Period Ending on October 31, 2019 % of 10/31/2019 10/31/2018 Difference Budget2019 Budget2019 $ 432,988 $ 546,725 > (113,737) $ 720,000 60.14% 484,308 502,695 (18,387) 625,000 77.49% 36,941 36,252 689 50,000 73.88% 109,474 116,410 (6,936) 165,000 66.35% 1,036,042 1,036,614 (572) 1,096,000 94.53% 19,950 13,700 6,250 51,000 39.12% 41,558 40,992 566 55,000 75.56% $ 2,161,260 $ 2,293,389 $ (132,128) $ 2,762,000 78.25% $ 437,479 $ 448,450 10,971 $ 536,000 81.62% 24,389 28,564 4,175 44,000 55.43% 124,067 140,873 16,806 200,000 62.03% 59,565 52,291 (7,274) 65,000 91.64% 74,667 95,282 20,615 95,000 78.60% 1,260,982 1,148,918 (112,064) 1,425,000 88.49% 159,425 141,469 (17,956) 160,000 99.64% - 12,173 12,173 4,000 0.00% 208,991 205,796 (3,195) 233,000 89.70% $ 2,349,564 $ 2,273,817 $ (75,748) $ 2,762,000 85.07% $ (188,305) $ 19,571 $ (207,876) $ $ 710,393 $ 659,674 $ 50,719 $ 813,000 87.38% 132,091 472,035 (339,944) 200,000 66.05% (156,359) (169,875) 13,517 (164,000) 95.34% 2,415 1,524 891 4,000 60.37% 105 (417) 522 1,000 10.55% (520,209) (493,268) (26,941) (638,000) 81.54% $ 168,437 $ 469,674 $ (301,236) $ 216,000 $ (19,868) $ 489,245 $ (509,112) $ 216,000 $ 3,352,455 $ 2,969,130 $ 3,332,587 $ 3,458,375 Packet Pg. 116 2.1.a Edmonds Public Facilities District Statement of Net Position For the Period Ended October 31st, 2019 ASSETS: As of October 31st, 2019 As of October 31st, 2018 Current Assets: Cash and Cash Equivalents - Unrestricted $ 50,229 $ 30,768 Cash and Cash Equivalents - Restricted 212,031 404,622 Cash and Cash Equivalents - Facility Restricted 40,920 48,977 Cash and Cash Equivalents -Special Projects 680 Customer Accounts Receivable 38,295 21,027 Pledges Receivable 374,539 310,723 Due from Other Governments 237,810 73,632 Inventory 5,826 5,579 Prepayments 67,914 27,869 Total Current Assets $ 1,028,243 $ 923,197 Noncurrent Assets: Land 3,444,885 $ 3,444,885 Construction in Progress 236,663 497,758 Buildings, Equipment, Furniture and Other Depreciable Assets 15,145,905 14,645,828 Accumulated Depreciation (7,759,172) (7,132,829) Total Noncurrent Assets $ 11,068,280 $ 11,455,641 Deferred Outflows of Resources (Related to Pensions) $ 130,932 $ 153,649 TOTAL ASSETS $ 12,227,455 $ 12,532,487 LIABILITIES: Current Liabilities: Accounts Payable - General $ 119,665 $ 207,397 Accounts Payable - Construction 44,925 16,620 Wages and Benefits Payable 81,380 77,961 Unearned Ticket Sales and Other Unearned Revenue 527,286 319,460 Liabilities for Customer Deposits 36,970 34,615 Accrued Interest 64,181 78,539 City of Edmonds - Bridge Loan - - Current Portion of Long -Term Liabilities 684,211 580,000 Total Current Liabilities $ 1,558,617 $ 1,314,593 Noncurrent Liabilities: First Financial NW Bank $ 2,523,164 $ 2,405,000 Contractual Obligation to the City of Edmonds 2,960,000 3,310,000 Loan Payable to the City of Edmonds 1,176,952 1,266,566 Note Payable to DanSound 50,174 77,191 Net Pension Payable 437,954 575,445 Liability for Compensated Absences 21,904 29,084 Total Noncurrent Liabilities $ 7,170,149 $ 7,663,287 Deferred Inflow of Resources (Related to Pensions) $ 166,102 $ 96,236 TOTAL LIABILITIES NET POSITION: Net Investment in Capital Assets $ 3,673,779 $ 3,816,884 Restricted 1,158,761 881,856 Unrestricted (1,499,953) (1,240,366) TOTAL NET POSITION $ 3,332,587 $ 3,458,373 TOTAL LIABILITIES AND NET POSITION $ 12,227,455 $ 12,532,489 N C C LL C LL a W Packet Pg. 117 2.2 City Council Agenda Item Meeting Date: 11/12/2019 Utility Overpayment Refund Policy Staff Lead: Scott James Department: Administrative Services Preparer: Dave Turley Background/History To clarify City policy on refunding to the customer accidental overcharges made on utility billing accounts. Staff Recommendation Review in Committee. Narrative While every effort will be made to ensure that invoices sent to customers are correct, the responsibility rests with the customer to examine their bills for accuracy. In the case of accidental overcharges by the City, upon discovery of the overcharge the City will refund to the customer all such overpayment made, up to three years prior to the time that the overpayment is first discovered. Overpayment refunds are not to exceed the length of time that the utility has been in the present customer's name. Any utility refund exceeding $1,000 will require the approval of the Public Works Director. Packet Pg. 118 2.3 City Council Agenda Item Meeting Date: 11/12/2019 Increase of Tourism Promotion Area Lodging Fee Staff Lead: Patrick Doherty Department: Economic Development Preparer: Patrick Doherty Background/History Chapter 35.101.080 of the Revised Code of Washington (RCW) allows local municipalities to establish a Tourism Promotion Area (TPA) upon petition by its local lodging industry and assess a fee of no greater than two dollars ($2.00) per night on hotel and motel rooms rented within the Area. Snohomish County received an initiation petition in 2010, and on December 15, 2010, the Snohomish County Council adopted Chapter 4.118 of the Snohomish County Code (SCC), which established the Snohomish County TPA and a one dollar ($1.00) per night assessment on rooms rented on lodging businesses with fifty (50) or more rooms. As required by RCW 35.101, Snohomish County executed Interlocal Agreements with each of the nine municipalities that have lodging businesses of fifty (50) or more rooms, enabling the assessment to be collected within those cities' limits. Further established by Chapter 4.118 SCC was the Tourism Promotion Area grant fund and the Snohomish County Tourism Promotion Area Advisory Board. The TPA Advisory Board serves in a consultative capacity, making recommendations for uses of the grant fund for the promotion of tourism, pursuant to RCW 35.101. Staff Recommendation Forward to City Council 11/19/19 Consent Agenda approval of the modified Interlocal Agreement with Snohomish County to increase the TPA assessment to $2.00 per hotel room per night and authorization of Mayor Earling to execute the approved Interlocal Agreement. Narrative In 2017 the TPA Advisory Board requested the County consider increasing the TPA assessment to the full two dollars ($2.00) per room night allowed by RCW 35.101 and to dedicate the additional revenue to the potential construction of an indoor multipurpose event facility. County staff have continued to investigate this proposal, learning in late 2018 that TPA funds cannot be used for capital projects. For this reason, the TPA Advisory Board and the Snohomish County Lodging Tax Advisory Committee have agreed to shift funding for tourism development and marketing to the TPA, freeing up lodging tax funds for capital projects, such as contemplated above. A consultant report, presented in March 2019, recommends consideration of an approximately 60,000- square-foot, indoor sports and multipurpose venue. In order to pursue construction, lodging tax funds will be necessary, which means the TPA must, in turn, increase is revenue to take on funding of general tourism development and marketing. Packet Pg. 119 2.3 For these reasons, Snohomish County must execute an updated Interlocal Agreement with each TPA - collecting city, which includes Edmonds. Attached here is the Interlocal Agreement that has been presented to all nine participating Snohomish County cities and has been approved as to form by the City Attorney's Office. Attached also are an explanatory Memorandum from Snohomish County and letters of support from the Snohomish County Lodging Association and Snohomish County Sports Commission. Attachments: INTERLOCAL AGREEMENT AUTHORIZING ESTABLISHMENT OF TPA 5.6.18 Memorandum regarding TPA SCLA Letter of Support 2019 SCSC Letter of Support 2019 Packet Pg. 120 2.3.a AMENDMENT NUMBER 1 TO THE INTERLOCAL AGREEMENT AUTHORIZING ESTABLISHMENT OF THE SNOHOMISH COUNTY TOURISM PROMOTION AREA THIS AMENDMENT NUMBER 1 TO THE INTERLOCAL AGREEMENT AUTHORIZING ESTABLISHMENT OF THE SNOHOMISH COUNTY TOURISM PROMOTION AREA ("Amendment No 1) is entered into by and among SNOHOMISH COUNTY, a political subdivision of the State of Washington ("County"), and the CITY OF ARLINGTON, a municipal corporation of the State of Washington, CITY OF BOTHELL, a municipal corporation of the State of Washington, CITY OF EVERETT, a municipal corporation of the State of Washington, CITY OF EDMONDS, a municipal corporation of the State of Washington, CITY OF LYNNWOOD, a municipal corporation of the State of Washington, CITY OF MARYSVILLE, a municipal corporation of the State of Washington, CITY OF MONROE, a municipal corporation of the State of Washington, CITY OF MOUNTLAKE TERRACE, a municipal corporation of the State of Washington, and CITY OF MUKILTEO, a municipal corporation of the State of Washington (collectively "Cities") pursuant to the Interlocal Cooperation Act, Chapter 39.34 RCW, and the Tourism Promotion Areas Act, Chapter 35.101 RCW. AGREEMENT NOW, THEREFORE, in consideration of the respective agreements set forth below and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1. Section 4.4 of the Agreement is amended to read in its entirety as follows: AMENDMENT 1 TO INTERLOCAL AGREEMENT AUTHORIZING ESTABLISHMENT OF THE SNOHOMISH COUNTY TOURISM PROMOTION AREA RATE INCREASE Packet Pg. 121 2.3.a It is understood and agreed that lodging businesses located within the Snohomish County Tourism Promotion Area will be subject to lodging charges for each zone as follows: Zone A: $2.00 per room/day Zone B: $0.00 per room/day Zone C: $0.00 per room/day 2. Section 9.2 of the Agreement is amended to read in its entirety as follows: The County Council must adopt a resolution of intention and hold a public hearing to consider modification of the Snohomish County TPA if a petition for modification containing the signatures of persons who operate lodging businesses that pay over 40 percent of the lodging charge imposed by SCC 4.118.020 is filed with the Clerk of the County Council. 3. Section 9.3 of the Agreement is amended to read in its entirety as follows: If a petition for (( ))modification of the tourism promotion area containing the signatures of persons who operate lodging businesses that pay over 40 percent of the lodging charge imposed by SCC 4.118.020 is filed with the clerk of the council, the council must ((disestablish))modify the tourism promotion area unless at the public hearing described in the resolution of intention protest is made by persons who operate lodging businesses that pay over 50 percent of the lodging charge imposed by SCC 4.118.020. An ordinance adopted under this paragraph shall take effect within a reasonable time as determined by the council. 4. All other terms and conditions of the Agreement shall remain in full force and effect except as expressly modified by this Amendment No 1. 5. Counterparts. This Amendment No 1 may be executed in counterparts, each of which shall constitute an original and all of which shall constitute on and the same agreement. IN WITNESS WHEREOF, Snohomish County and the Cities of Arlington, Bothell, Everett, Edmonds, Lynnwood, Marysville, Monroe, Mountlake Terrace, and Mukilteo have executed this Agreement by their duly authorized officers as of the date last below written. SNOHOMISH COUNTY: AMENDMENT 1 TO INTERLOCAL AGREEMENT AUTHORIZING ESTABLISHMENT OF THE SNOHOMISH COUNTY TOURISM PROMOTION AREA RATE INCREASE Packet Pg. 122 2.3.a Snohomish County Executive DATE: Approved as to form only: Deputy Prosecuting Attorney CITY OF ARLINGTON Name/Title: DATE: Approved as to form only: Arlington City Attorney CITY OF BOTHELL Name/Title: DATE: Approved as to form only: Bothell City Attorney CITY OF EVERETT Name/Title: DATE: AMENDMENT 1 TO INTERLOCAL AGREEMENT AUTHORIZING ESTABLISHMENT OF THE SNOHOMISH COUNTY TOURISM PROMOTION AREA RATE INCREASE Packet Pg. 123 2.3.a Approved as to form only: Everett City Attorney CITY OF EDMONDS Name/Title: DATE: Approved as to form only: Edmonds City Attorney CITY OF LYNNWOOD Name/Title: DATE: Approved as to form only: Lynnwood City Attorney CITY OF MARYSVILLE Name/Title: DATE: Approved as to form only: AMENDMENT 1 TO INTERLOCAL AGREEMENT AUTHORIZING ESTABLISHMENT OF THE SNOHOMISH COUNTY TOURISM PROMOTION AREA RATE INCREASE Packet Pg. 124 2.3.a Marysville City Attorney CITY OF MONROE Name/Title: DATE: Approved as to form only: Monroe City Attorney CITY OF MOUNTLAKE TERRACE Name/Title: DATE: Approved as to form only: Mountlake Terrace City Attorney CITY OF MUKILTEO Name/Title: DATE: Approved as to form only: Mukilteo City Attorney AMENDMENT 1 TO INTERLOCAL AGREEMENT AUTHORIZING ESTABLISHMENT OF THE SNOHOMISH COUNTY TOURISM PROMOTION AREA RATE INCREASE Packet Pg. 125 2.3.a AMENDMENT 1 TO INTERLOCAL AGREEMENT AUTHORIZING ESTABLISHMENT OF THE SNOHOMISH COUNTY TOURISM PROMOTION AREA RATE INCREASE Packet Pg. 126 2.3.b 4 mi " AL Snohomish County Parks, Recreation and Tourism 6705 Puget Park Drive MIS 303 Snohomish, WA 98296 (425) 388-6600 Memorandum Date: July 23, 2019 To: Mayors, Councilmembers, Managers and Administrators of Snohomish County Cities From: Tom Teigen, Department Director Rich Huebner, Tourism Promotion Coordinator 9-1-d Subject: Overview of Process to Increase Snohomish County Tourism Promotion Area Assessment The following is an update of the history of the Snohomish County Tourism Promotion Area (TPA) and the steps taken over the past year to increase the TPA assessment. Chapter 35.101.080 of the Revised Code of Washington (RCW) allows local municipalities to establish a Tourism Promotion Area upon petition by its local lodging industry, and assess a fee of no greater than two dollars ($2.00) per night on hotel and motel rooms rented within the Area. Snohomish County received an initiation petition in 2010, and on December 15, 2010, the Snohomish County Council adopted Chapter 4.118 of the Snohomish County Code (SCC), which established the Snohomish County TPA and a one dollar ($1.00) per night assessment on rooms rented at lodging businesses with fifty (50) or more rooms. As required by RCW 35.101, Snohomish County executed Interlocal Agreements with each of the nine municipalities which have lodging businesses of fifty (50) or more rooms, enabling the assessment to be collected within city limits. Further established by Chapter 4.118 SCC was the Tourism Promotion Area grant fund and the Snohomish County Tourism Promotion Area Advisory Board. The TPA Advisory Board serves in a consultative capacity, making recommendations for uses of the grant fund for the promotion of tourism, pursuant to RCW 35.101. In 2017, the TPA Advisory Board requested the County consider increasing the TPA assessment to the full two dollars ($2.00) per room night allowed by RCW 35.101, and to dedicate the additional revenue to the construction of an indoor multipurpose event facility. In summer 2018, Hunden Strategic Partners ("Hunden") was retained by Snohomish County to conduct a market analysis and feasibility study for such a facility; it has been and remains the goal of Snohomish County that any newly constructed facility will be complimentary to, and not compete with, the current event venues within the County. Since fall 2018, Snohomish County, through its Department of Parks, Recreation and Tourism ("SCPRT") has pursued the requested increase. In October 2018, the Snohomish County Prosecuting Attorney's office provided SCPRT an interpretation of RCW 35.101 that TPA funds cannot be used for capital construction projects. Discussions between SCPRT, the TPA Advisory Board and the Snohomish County Lodging Tax Advisory Committee have resulted in a plan to shift funding for tourism development and marketing to TPA funds, freeing the lodging tax funds currently dedicated to this expense to be bonded against for construction, a usage expressly allowed for lodging tax funds under RCW 67.28; SCPRT research has shown that funding of tourism development and marketing with TPA funds is the prevailing standard throughout Washington State. In March 2019 Hunden delivered its final recommendation for an approximately 60,000 square foot indoor sports and multipurpose venue. Site analysis and selection for the recommended venue is currently underway. In order to enact the proposed increase, Snohomish County must execute, and hereby requests, an updated Interlocal Agreement with each TPA -collecting city. Arlington, Marysville and Mountlake Terrace have previously executed the updated Interlocal Agreement with the County. Packet Pg. 127 2.3.c Snohomish County Lodging Association June 24', 2019 Councilman Ryan Snohomish County Council Chair 3000 Rockefeller Avenue Everett, WA 98201 Dear Councilman Ryan, The Snohomish County Lodging Association (SCLA) is pleased to endorse and support the Tourism Promotion Area (TPA) board's recommendation to increase the lodging charge on furnishing of lodging by lodging businesses located within the tourism promotion area established by sec 4.118.010, from the current rate of $1.00 per night, to the new $2.00 per night charge. The amounts would be as follows: a) $2.00 per night of stay at each lodging business in Zone A as defined in SCC 4.118.030; b) $0.00 per night of stay at each lodging business in Zone B as defined in SCC 4.118.030; and c) $0.00 per night of stay at each lodging business in Zone C as defined in SCC 4.118.030. We further endorse and support the TPA board's recommendation that these additional funds become available to offset Snohomish County LTAC expenses for the purpose of funding a capital expenditure project for which the TPA Board and the Snohomish County Parks, Recreation, and Tourism Department collaborate, to further drive tourism and overnight stays into Snohomish County. The SCLA recognizes the requirement of RCW 35.101.020 for the establishment or change of a Tourism Promotion Area that a petition be presented from representatives of sixty percent or more of lodging businesses that would pay the TPA lodging charge. This letter has been approved by a vote of the membership of the SCLA, which represents the interests of more than sixty percent of the TPA - paying lodging businesses in Snohomish County. As such, please accept this letter as the petition required by the RCW. The SCLA understands that in making this long-term capital expenditure commitment, the TPA board will no longer be allowed to petition the County for Packet Pg. 128 2.3.c disestablishment by obtaining signatures of persons who operate lodging businesses that pay over 40 percent of the lodging charges. Therefore SCC 4.118.110 (3) will need to be removed from county code. You have the full backing of the SCLA for this TPA recommendation. Sincerely, Tim Cordodor, Vice President Tina Beckstrom, Treasurer Christy Murray, Secretary Mark Lee, Board Member /,% /1 rA A Marc -Beattie, Board Member Ratified by a vote of the membership and signed in the presence of the membership on June 24, 2019. Packet Pg. 129 2.3.d PNW SPORTS SNOHOMISH COUNTY SPORTS COMMISSION June 18, 2019 Councilman Ryan Snohomish County Council Chair 3000 Rockefeller Avenue Everett, WA 98201 Dear Councilman Ryan, The members of the Snohomish County Sports Commission are pleased to support the Snohomish County Tourism Promotion Area (TPA) Board of Directors recommendation to increase the lodging charge by lodging businesses located within the tourism promotion area established by SCC 4.118.010. The current rate collected is $1.00 per night and the TPA Board recommendation is to increase to a $2.00 per night charge. The Snohomish County Sports Commission endorses the board's intent that the increase in tourism funds will lead to the development of a funding model that will result in the construction of a new indoor sports facility. Such a facility, which shall not compete with current Snohomish County tourism assets, will be utilized by the Snohomish County Department of Parks, Recreation and Tourism and the Snohomish County Tourism Bureau to increase the tourism and overnight stays. This partnership has evolved into a strong and successful collaboration and has increased tourism support to the County in recent years. Our future is very positive with these programs in place. Members of the Sports Commission understand that a long=term tourism promotion investment strategy will succeed through strong collaborations. Current language identifies that the TPA Board will no longer be able to petition the County for disestablishment by obtaining authorized signatures of persons who operate lodging businesses that pay over 40 percent (40%) of the lodging charges. As a result, SCC 4.118.110 (3) will need to be removed from the Snohomish County Code. This letter is in support from the Snohomish County Sports Commission for the Tourism Promotion Area Board of Directors fee increase and code revision recommendations. Sincerely, Garet Studer Chairman of the Snohomish County Sports Commission (425) 348-SS02 � 6705 Puget Park Drive, Snohomish, WA 98296-4214 1 www.SnoCoSports.org Packet Pg. 130 2.4 City Council Agenda Item Meeting Date: 11/12/2019 Development Fee Schedule Update Staff Lead: Rob Chave / Shane Hope Department: Planning Division Preparer: Rob Chave Background/History The City adopts development fees by Council Resolution. The last overall fee update was completed in 2016. Staff Recommendation Consider a Fee Resolution for Council adoption on December 10, 2019. Narrative The City adopts its fees by resolution. Periodic updates occur periodically, with more substantive reviews and updates occurring every three years. The last substantive update was done at the end of 2016, three years ago. The past two years, the State Auditors reviewed development revenues against expenditures, with the goal of assuring that permit revenues did not exceed expenditures and that expenditures were allowable under state law. The Auditors concluded that the City was meeting state requirements. After a review of our current fee schedule and the revenues received we have concluded that only relatively minor updates need to be done at this time. Updates include: Increasing the Technology Fee from $35 to $40. Increasing the hourly rate from $100 to $110 per hour of staff time (this has a ripple effect in producing minor increases throughout the fee schedule where fees are based on staff time). Minor adjustments to fee descriptions to improve clarity or to reflect code changes or process changes. Staff in Building, Planning and Engineering are currently working on the fee schedule update and will be bringing the new schedule forward so that the new fees can be adopted by Council on December 10th and go into effect beginning in January. Packet Pg. 131 2.5 City Council Agenda Item Meeting Date: 11/12/2019 Accounts Receivable Write -Off Staff Lead: Scott James Department: Administrative Services Preparer: Dave Turley Background/History On an annual basis it is necessary to review our Accounts Receivable and write-off any accounts that are deemed to be uncollectible. Staff Recommendation Approve write-off and move to next week's Consent Agenda. Narrative At the beginning of 2019 the City had Assessments Receivable in the amount of $32,387. During 2019 the City has collected all of the receivables except for two. For one, the homeowner has agreed to make monthly payments until their account is fully paid. The other one is for $196.91 and has been deemed uncollectible. This is the first write-off we have needed to do in the last two years. This has been discussed previously but this is the formal request for approval to write off this receivable. Source: Local Improvement District Account 210.033. Last Invoice Date: August 7, 2013 Principal Paid to Date: $4,285.97 Total to Write Off: $196.93 Packet Pg. 132 2.6 City Council Agenda Item Meeting Date: 11/12/2019 Policy on Accounting for Leases Staff Lead: Leases Department: Administrative Services Preparer: Dave Turley Background/History The Governmental Accounting Standards Board issued GASB Statement No. 87, Leases. This new statement becomes effective on January 1, 2020 and changes the way that governments account for and report leases in their financial statements. This policy is to bring the City's practice into compliance with the new accounting rules. Staff Recommendation Review and submit to Consent Agenda. Narrative Introduction of new policy on recording and reporting for leases, to be in compliance with new accounting rules. Attachments: Accounting for Leases Policy Packet Pg. 133 2.6.a City of Edmonds Policy on Accounting for Leases November 12, 2019 Resolution # XXXX Packet Pg. 134 2.6.a City of Edmonds Policy on Accounting for Leases Policy Statement This policy establishes accounting treatment of lease agreements entered into by the City, both as a lessee and as a lessor. There are three types of lease classifications: short-term leases, lease contracts that transfer ownership, and all other leases. The proper lease classification is important because it determines the City's accounting and reporting requirements in compliance with GASB Statement No. 87. Reason for Policy When the right to the use of property in exchange for a payment occurs, Generally Accepted Accounting Principles require the lessee to record the lease as an asset. This policy establishes uniform thresholds and procedures for all City departments when recording leases. Who Must Comply All City departments must comply. This policy applies to all active leases, regardless of the date the lease was entered into. Procedures 1. Understand rules for lease accounting. All leases other than short term leases must be recorded as assets to the lessee. These leases are recorded on the balance sheet and depreciated over time. 2. Apply lease term threshold. Any item with a lease term of twelve months or less is a short-term lease and cannot be capitalized. Treat all leases with terms of twelve months or less as operating leases. 3. Apply cash payment thresholds. Apply the following thresholds when determining when to capitalize an equipment or facility lease. Note that thresholds should be applied by lease schedule; lease agreements can be for a building, an individual asset, a group of assets, and can fall under the terms of a City-wide master lease agreement. To be aligned with the City's thresholds for capitalization of assets, A. An equipment lease of twelve months or longer with a present value of $5,000 or more at the inception of the lease must be capitalized. B. An infrastructure lease of twelve months or longer with a present value of $50,000 or more at the inception of the lease must be capitalized. Packet Pg. 135 2.6.a C. A lease of twelve months or longer for replacement of components to the Wastewater Treatment Plant with a present value of $100,000 or more at the inception of the lease must be capitalized. D. For all non -short-term leases, the department must send a copy of the lease agreement to the Finance Director. 4. Record capital leases properly. A. Initial setup: the Finance Department will record the entry to establish the capital lease asset and the related liability at the inception of the lease. This is an important step to ensure all of the City's financial obligations are properly valued for financial reporting purposes. B. Making lease payments: lease payments are the responsibility of the department. These payments should follow City payment policies and guidelines for processing and approving payments and are initially coded to lease expense. C. Amortization of the lease liability: The lease liability is reduced throughout the life of the lease using the effective interest method. On at least an annual basis, the Finance department is responsible for creating journal entries (for each lease) which reverse the payment coding and reclassify it to the appropriate amortization and interest BARS codes, as well as reducing the liability. Lease payments are allocated between the calculated lease liability amortization and interest expense. Under this method, interest expense decreases and the liability amortization amount increases over time. 5. Account for all leases timely. The accounting for leases other than short-term leases should be recorded at the lease inception date and must be recorded no later than year end. 6. Account for executory costs correctly: Executory costs include such things as utilities, repairs, maintenance, insurance, common area expenses, and taxes paid for the leased asset during its economic life. These are considered period costs and therefore must be expensed as incurred. These expenditures may be the responsibility of either the lessee or lessor, depending on the lease terms. 7. Maintain supporting documentation. For any lease with a lease term greater than twelve months, the Finance Department must keep the following documentation on file for the life of the leased asset plus an additional six years: A. The master lease agreement, B. Supporting documentation for any additional assumptions used in calculating the present value of the lease, and C. A schedule of payments showing amortization of the lease -related liability. Packet Pg. 136 2.6.a 8. Make required disclosures for year-end lease reporting: the Finance Department is responsible for ensuring that all calculations and Note disclosures are made in accordance with the requirements of GASB 87. 9. Account for leases where Edmonds is the lessor. Accounting for leases where the City is the lessor follows the same rules outlined above, except that the City is on the other side of the transactions. Responsibilities and Contacts Department directors are responsible for ensuring that their department abides by this policy and the accompanying procedures. Departments must notify the Finance Director of leases as they arise throughout the year and no later than year-end in order to properly calculate and disclose lease commitments as part of the year-end financial reporting process. As with other expenses, the Departments are responsible for making all applicable payments. The Finance Department is responsible for recording the initial setup of the capital lease asset and liabilities, for amortizing the lease liability, and for recording depreciation of the lease asset. Definitions Short-term lease: this lease has the potential length of the maximum possible noncancellable term of 12 months or less. If after considering the effects of potential extensions (regardless of their likelihood of being exercised) the lease agreement specifies a noncancellable term of 12 months or less, the lease is deemed a short-term lease. Contracts that transfer ownership: Lease contracts that transfer ownership are treated as sales of the asset (by the lessor) and a purchase of the asset on credit (by the lessee). This type of lease cannot contain termination options and the underlying contract transfers ownership of the asset to the lessee by the end of the contract. The GASB allows contracts to contain fiscal funding or cancellation clauses and be treated as a sale as long as it is reasonably certain the clauses will not be exercised. All other leases: Any other contract or agreement that conveys a right of use of property in exchange for payment will be characterized much like the former "capital lease" under the prior standard (FASB 13). Effective Date This policy is effective beginning January 1, 2020. Packet Pg. 137 3.1 City Council Agenda Item Meeting Date: 11/12/2019 Ordinance Requiring Open Public Meetings Act Training for Boards and Commissions Staff Lead: Shane Hope Department: Development Services Preparer: Diane Cunningham Background/History Narrative The "Open Public Meetings Act," (Chapter 42.30 RCW) requires all meetings of Boards and Commissions to be open and public and that all persons shall be permitted to attend any such meeting (with a few specified limitations). Notably, Section 42.30.205 RCW, entitled "Training," requires every member of a governing body of a public agency, including members of boards and commissions, to complete Open Public Meetings Act (OPMA) training within ninety days of taking an oath of office or otherwise assuming duties as a public official. It also requires completion of training at intervals of no more than four years as long as the individual is a member of the governing body of a public agency. Staff Recommendation Forward to full Council for action Although OPMA training is required under state law, it would be easier and clearer for boards and commissions if the requirement is included in the Edmonds Municipal Code. Some Board and Commission members have had training within the past four years. Others are probably a bit behind. The good news is that training is easier to obtain than ever. It can be done online and a certificate generated. Alternately, the City Attorney's Office (or another agency) can provide the training directly to a board or commission. An ordinance (see attachment) has been drafted for the City Council's consideration. It would add a new section to Title 10 (Boards and Commissions) of the EMC. Attachments: Att. 1: City of Edmonds - Ordinance - OPMA Training - 10-22-19-DRAFT Packet Pg. 138 3.1.a CITY OF EDMONDS, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, ADDING CHAPTER 10.02 ENTITLED "OPEN PUBLIC MEETINGS ACT TRAINING" TO TITLE 10 OF THE EDMONDS CITY CODE; PROVIDING FOR SEVERABILITY, AN EFFECTIVE DATE AND REVISIONS BY THE CODE REVISER. WHEREAS, Edmonds' Boards and Commissions are governed by Title 10 of the Edmonds City Code; and WHEREAS, pursuant to Chapter 42.30 RCW, entitled "Open Public Meetings Act," all meetings of Boards and Commissions shall be open and public and all persons shall be permitted to attend any such meeting, except as otherwise provided for in Chapter 42.30 RCW; and WHEREAS, Section 42.30.205 RCW, entitled "Training," requires every member of a governing body of a public agency, including members of boards and commissions, to complete Open Public Meetings Act training within ninety days of taking an oath of office or otherwise assuming duties as a public official, and requires completion of training at intervals of no more than four years as long as the individual is a member of the governing body of a public agency; and WHEREAS, the City Council of the City of Edmonds would like to add a new chapter to Title 10, Chapter 10.02, entitled "Open Public Meetings Act Training;" NOW THEREFORE, THE CITY COUNICL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. A new Chapter, Chapter 10.02, of the Edmonds City Code entitled "Open Public Meetings Act Training" shall be added in full as follows: Chapter 10.02 OPEN PUBLIC MEETINGS ACT TRAINING 10.02.010 Open Public Meetings Act Training. A. Every member of an Edmonds Board or Commission must complete training on the Open Public Meetings Act, Chapter 42.30 RCW, no later than ninety days after the date the member v either: r Q 1. Takes the oath of office, if the member is required to take an oath of office to assume c his or her duties as a public official; or E s a Packet Pg. 139 3.1.a 2. Otherwise assumes his or her duties as a public official. B. In addition to the training required under subsection (A) of this section, every member of an Edmonds' Board or Commission must complete training at intervals of no more than four years as long as the individual is a member of an Edmonds' Board or Commission. C. Training may be completed remotely with technology including but not limited to internet- based training. D. Within seven days of completing Open Public Meetings Act training, the Edmonds' Board or Commission member shall provide a certificate of completion to the City Clerk. Section 2. Severability. If any section, paragraph, sentence, clause or phrase of this ordinance, or its application to any person or circumstance, be declared unconstitutional or otherwise invalid for any reason, or should any portion of this ordinance be preempted by state or federal law or regulation, such decision or preemption shall not affect the validity of the remaining portions of this ordinance or its application to other persons or circumstances. Section 3. Effective Date. This ordinance, being an exercise of a power specifically delegated to the City legislative body, is not subject to referendum and shall take effect five (5) days after passage and publication of an approved summary thereof consisting of the title. Section 4. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary non -substantive corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. ADOPTED BY THE CITY COUNCIL AT A REGULAR MEETING THEREOF ON THE DAY OF , 2019. CITY OF EDMONDS Dave Earling, Mayor ATTEST/AUTHENTICATED: a Packet Pg. 140 3.1.a Scott Passey, City Clerk APPROVED AS TO FORM: Jeff Taraday, City Attorney Date of Publication: a Packet Pg. 141